The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997

Apportionment of compensation for prohibition and suspension orders

7.—(1) Where the mineral planning authority are satisfied, at the time of assessing the amount of compensation to be paid following the making of a prohibition, suspension or supplementary suspension order, that the claimant is the only person entitled to claim compensation, the appropriate portion is £7,800.

(2) Where the mineral planning authority are not satisfied as mentioned in paragraph (1)—

(a) they shall assess the value of the claimant’s interest in the land and in the minerals to which the order relates;

(b) they shall assess the value attributable to the aggregate of the land and of the minerals in, on or under it, on the assumption that a single person were entitled to all of the interests in the land and minerals; and

(c) they shall treat as the appropriate portion the sum which bears to £7,800 the same proportion as the value assessed under sub-paragraph (a) bears to the value assessed under sub-paragraph (b).