Land Compensation Act 1973

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.

(2) Subject to subsection (3) below, it shall be assumed that planning permission would be granted in respect of the land in which the interest subsists (" the relevant land ") or any part thereof for development of any class specified in Schedule 8 to the [1971 c. 78.] Town and Country Planning Act 1971.

(3) Notwithstanding subsection (2) above—

(a) it shall not by virtue of that subsection be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, for development of any class specified in Part II of the said Schedule 8 if it is development for which planning permission has been refused and compensation under section 169 of the said Act of 1971 has become payable in respect of that refusal;

(b) where planning permission has been granted, in respect of the relevant land or any part thereof, for development of any class specified in the said Part II but was so granted subject to conditions, and compensation under the said section 169 has become payable in respect of the imposition of the conditions, it shall not by virtue of the said subsection (2) be assumed that planning permission for that development, in respect of the relevant land or that part thereof, as the case may be, would be granted otherwise than subject to those conditions;

(c) where an order has been made under section 51 of the said Act of 1971, 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 section 170 of 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.

(4) 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.

(5) In this section any expression which is also used in the said Act of 1971 has 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) In the application of this section to Scotland for references in subsections (2) and (3) above to Schedule 8 to the said Act of 1971 and to sections 51, 169 and 170 thereof, there shall be substituted respectively references to Schedule 6 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 and to sections 49, 158 and 159 of that Act, and in subsection (5) above for the reference to the said Act of 1971 there shall be substituted a reference to the said Act of 1972.