Compulsory Purchase Act 1965

Changes over time for: Section 10

Version Superseded: 03/08/2023

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10 Further provision as to compensation for injurious affection. E+W

(1)If any person claims compensation in respect of any land, or any interest in land, which has been taken for or injuriously affected by the execution of the works, and for which the acquiring authority have not made satisfaction under the provisions of this Act, or of the special Act, any dispute arising in relation to the compensation shall be referred to and determined by the [F1Upper Tribunal].

(2)This section shall be construed as affording in all cases a right to compensation for injurious affection to land which is the same as the right which section 68 of the M1Lands Clauses Consolidation Act 1845 has been construed as affording in cases where the amount claimed exceeds fifty pounds.

(3)Where this Part of this Act applies by virtue of [F2Part IX of the Town and Country Planning Act 1990] references in this section to the acquiring authority shall be construed in accordance with [F3section 245(4)(b) of that Act].

Textual Amendments

F1Words in s. 10(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 63 (with Sch. 5)

F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(2)(a)

F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 13(2)(b)

Modifications etc. (not altering text)

C1Pt. 1 applied (with modifications) (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 25, Sch. 10 paras. 4, 5 (with art. 19) (as amended (21.11.23) by The Longfield Solar Farm (Correction) Order 2023 (S.I. 2023/1241), art. 1(2), Sch.)

C2Pt. 1 applied (with modifications) (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 25 (with art. 19) (as amended (21.11.23) by The Longfield Solar Farm (Correction) Order 2023 (S.I. 2023/1241), Sch.)

C3Pt. 1 applied (with modifications) (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 31 (with arts. 5, 27, 53, Sch. 8 paras. 6, 64)

C4S. 10 applied by Local Government Act 1972 (c. 70, SIF 81:1), ss. 122(4), 126(6), 273(1)

C5S. 10 amended by Land Compensation Act 1973 (c. 26, SIF 28:1), s. 63(1)

C6S. 10 applied by Development of Rural Wales Act 1976 (c. 75, SIF 64), s. 5(1), Sch. 3 para. 35(3)

S. 10 applied (10.11.1993) by Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), s. 169, Sch. 20 para. 5(4)(7)(8); S.I. 1993/2762, art. 3.