The Birmingham Heartlands Development Corporation (Planning Functions) Order 1992

Transitional provision: compensation

6.—(1) Where a right to compensation arises under sections 107(1), 108, 115, 186(2), 203 and 204 of the 1990 Act or sections 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.

(2) Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.

(3) Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100(3) , 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.

(1)

Section 107 was amended by paragraph 8 of Schedule 1 to, and paragraph 13 of Schedule 6 to, the Planning and Compensation Act 1991.

(2)

Section 186 was amended by section 9(3) of, paragraph 29 of Schedule 7 to, and Part I of Schedule 19 to, the Planning and Compensation Act 1991.

(3)

Section 100 was amended by paragraph 5 of Schedule 1 to the Planning and Compensation Act 1991.