Part III Provisions for Benefit of Persons Displaced From Land
F1Other loss payments
33BF2Occupier’s loss payment: agricultural land
1
This section applies to a person if—
a
he has a qualifying interest in land for the purposes of section 33A,
b
the land is agricultural land,
c
the interest is acquired compulsorily, and
d
he occupied the land for the period specified in section 33A(4).
2
A person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—
a
2.5% of the value of his interest;
b
the land amount;
c
the buildings amount.
3
But the maximum amount which may be paid to a person under this section in respect of an interest in land is £25,000.
4
A payment under this section must be made by the acquiring authority.
5
The value of an interest is its value for the purpose of deciding the amount of compensation payable in respect of the acquisition; but this is subject to subsections (6) and (7).
6
If an interest consists partly of a dwelling in respect of which the person is entitled to a home loss payment the value of the interest is the value of the whole interest less the value of so much of the interest as is represented by the dwelling.
7
If rule (5) of section 5 of the Land Compensation Act 1961 (equivalent reinstatement) applies for the purpose of assessing the amount of compensation the value of the interest is nil.
8
The land amount is the greater of £300 and the amount found in accordance with the following Table—
Area of the land | Amount per hectare |
|---|---|
Not exceeding 100 hectares | £100 per hectare or part of a hectare |
Exceeding 100 hectares | (a) £100 per hectare for the first 100 hectares; (b) £50 per hectare for the next 300 hectares or part of a hectare. |
9
The buildings amount is £25 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.
10
The gross floor space must be measured externally.
S. 33A and cross-heading inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 106 (with s. 106(2)(3)); S.I. 2004/2593, art. 2(a)