The Town and Country Planning (Compensation and Certificates) Regulations 1974

PART II CLAIMS FOR COMPENSATION UNDER PART VII OF THE ACT

Form and delivery of claim

3.  A claim for compensation under Part VII of the Act shall be made in the form, or substantially in the form, prescribed by Schedule 1 to these regulations and shall be sent to the local planning authority making the decision or order in respect of which the claim is made.

Action by local planning authorities

4.—(1) The local planning authority shall in transmitting the claim to the Secretary of State furnish to the Secretary of State—

(a) any evidence and other information provided by the claimant in relation to the claim;

(b) where the claim relates to a planning decision of the authority, particulars of the application for planning permission and a copy of the planning decision;

(c) where the planning decision to which the claim relates was determined by the Secretary of State on a reference under section 35 of the Act, or on an appeal under section 36 of the Act, brief particulars of such decision and the Secretary of State's reference number, if known.

(2) The local planning authority shall as soon as may be after the receipt of the claim or notice thereof furnish to the Secretary of State a statement as to the provisions of the development plan so far as material thereto and as to any more favourable decision or permission for alternative development which could in their opinion be given pursuant to section 38 of the Act, and shall also furnish from time to time such other information as the Secretary of State may require for the exercise of his powers under that section.

Supporting material

5.  If required by the Secretary of State by a direction in writing—

(a) to provide evidence (which may include a statutory declaration) in connection with any particulars required to be supplied by the form prescribed by regulation 3 of these regulations;

(b) to provide further information as to his interest in the land to which the claim relates; or

(c) to provide further information as to the interests of any other persons,

the claimant shall furnish to the Secretary of State such evidence or information as is available to him within such period (not being less than 30 days) as the Secretary of State may specify in the direction.

Determination of compensation

6.—(1) Unless the claim is withdrawn, and subject to any modification made or having effect under section 155 of the Act, the Secretary of State shall cause such investigations to be made and such steps to be taken as he may deem requisite for a proper determination of the claim.

(2) The Secretary of State shall as soon as practicable thereafter cause to be prepared findings as to the amount (if any) which he determines as the amount of the compensation to be paid under the Act in respect of the said claim, and (except in a case where he determines that no compensation shall be paid in respect of the said claim, in which case the findings shall state such determination and the reason therefor) such findings shall state the depreciation in value of the claimant's interest and the amounts of the unexpended balances of established development value by reference to which the Secretary of State determines the amount of the compensation to be paid in respect of the said claim.

(3) Where the claimant has failed to furnish any particulars or evidence required by the Secretary of State under regulation 5 of these regulations, the Secretary of State may defer the determination of the claim until after such particulars and evidence have been duly furnished, or if he at any time thinks fit may determine the claim notwithstanding such failure, and in so doing may disregard any particulars already supplied by the claimant to which such requirement had reference.

(4) The Secretary of State shall give notice of his findings to the claimant, and to every other person (if any) who has made and not withdrawn a claim for compensation in respect of the same planning decision, and, in a case where the findings include an apportionment, the Secretary of State shall give particulars of such apportionment to any other person entitled to an interest in land which it appears to the Secretary of State is substantially affected by the apportionment.

Disputes

7.—(1) Subject to the provisions of paragraph (2) of this regulation, if the claimant or any other person to whom notice of the Secretary of State's findings has been given, wishes to dispute the findings, or any other person, to whom particulars of an apportionment included in those findings have been given or who claims that he is entitled to an interest in land which is substantially affected by such apportionment, wishes to dispute the apportionment, he may within 30 days of the issue of the Secretary of State's findings, give notice in writing to the Lands Tribunal that he disputes the findings, or as the case may be, the apportionment, and thereupon the dispute shall be referred to the Tribunal, and the Secretary of State shall notify accordingly all other persons to whom notices were given under the last preceding regulation.

(2) Where after receipt of a notice under the last preceding regulation any person signifies in writing to the Secretary of State his agreement to the findings or, as the case may be, to the apportionment, he shall not thereafter be entitled to give the notice referred to in the preceding paragraph.

(3) The claimant and any other person to whom notice of the findings has been given and, so far as the dispute relates to an apportionment, any other person to whom particulars of that apportionment have been given or who establishes that he is entitled to an interest in land which is substantially affected by that apportionment shall, on compliance with the rules of the Lands Tribunal for the time being in force, be afforded an opportunity to be heard in any dispute before the Lands Tribunal under this regulation.

(4) The Lands Tribunal shall by their decision either confirm or vary the Secretary of State's findings, or, as the case may be, the apportionment, and shall notify the parties of their decision.

Revision of findings by agreement

8.—(1) If at any time after notice of a dispute has been given under the last preceding regulation the Secretary of State, the claimant and every other person to whom notice of the findings has been given and, so far as the reference relates to an apportionment, all other persons to whom particulars of that apportionment have been given or who are parties to the reference shall in writing agree the amount and distribution of the compensation to be paid under the Act, or, as the case may be, particulars of the apportionment, then on withdrawal of the reference the Secretary of State may revise the findings in accordance with such agreement and shall give notice of such revised findings in the manner prescribed by paragraph (4) of regulation 6 of these regulations.

(2) Where no notice of a dispute in respect of any findings of the Secretary of State is given under the last preceding regulation within the time limited in that behalf or where all references relating to such findings are withdrawn, then the findings or, in a case falling within paragraph (1) of this regulation, the revised findings shall be treated as conclusive for the purposes of section 156 and section 157 of the Act.