C1C2C3Part I Compensation for Depreciation Caused by use of Public Works

Annotations:
Modifications etc. (not altering text)
C3

Pt. I applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

2 Interests qualifying for compensation.

1

An interest qualifies for compensation under this Part of this Act if it was acquired by the claimant before the relevant date in relation to the claim and the requirements of subsection (2) or, as the case may be, subsection (3) below are satisfied on the date on which notice of the claim for compensation in respect of that interest is served.

2

If and so far as the interest is in land which is a dwelling, the said requirements are—

a

that the interest is an owner’s interest; and

b

where the interest carries the right to occupy the land, that the land is occupied by the claimant in right of that interest as his residence.

3

If and so far as the interest is not in such land as aforesaid, the said requirements are—

a

that the interest is that of an owner-occupier; and

b

that the land is or forms part of either—

i

a hereditament the annual value of which does not exceed the prescribed amount; or

ii

an agricultural unit.

4

In this section “owner’s interest” in relation to any land, means the legal fee simple therein or a tenancy thereof granted or extended for a term of years certain of which, on the date of service of the notice of claim in respect thereof, not less than three years remain unexpired.

5

In this section “owner-occupier”, in relation to land in a hereditament, means a person who occupies the whole or a substantial part of the land in right of an owner’s interest therein and, in relation to land in an agricultural unit, means a person who occupies the whole of that unit and is entitled, while so occupying it, to an owner’s interest in the whole or any part of that land.

6

In this section “the prescribed amount” means the amount for the time being prescribed for the purposes of F1section 149(3)(a) of the Town and Country Planning Act 1990(interests qualifying for protection under planning blight provisions) and “annual value” and “hereditament” have the meanings given in F2section 171 of that Act taking references to the date of service of a notice under F3section 150 of that Act as references to the date on which notice of the claim is served.

7

This section has effect subject to sections 10(4), 11 and 12 below.

8

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