C1C2C5Part I Compensation for Depreciation Caused by use of Public Works

Annotations:
Modifications etc. (not altering text)
C5

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)

5 Assessment of compensation: assumptions as to planning permission.

1

The following assumptions shall be made in assessing the value of the interest in respect of which the claim is made.

F1C3C42

Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—

a

subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and

b

for any development of a class specified in paragraph 2 of Schedule 3 to that Act.

C3C43

Notwithstanding subsection (2) above—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

where an order has been made under F3section 102 of or paragraph 1 of Schedule 9 to the said Act of 1990, in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation has become payable in respect of that order under F3section 115of that Act, it shall not by virtue of the said subsection (2) be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.

C3C44

It shall be assumed that planning permission would not be granted in respect of the relevant land or any part thereof for any development other than such development as is mentioned in subsection (2) above; and, if planning permission has been granted in respect of the relevant land or any part thereof for such other development, it shall be assumed that the planning permission has not been granted in so far as it relates to development that has not been carried out.

C45

In this section any expression which is also used in F4the said Act of 1990has the same meaning as in that Act and references to any provision of that Act include references to any corresponding provision previously in force.

6

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