22(1)If, on a claim made to the local authority in writing within the period of six months or such longer period as may be allowed under sub-paragraph (2) below beginning with the date when the person who is, or who proposes to become, the operator of a public off-street parking place is, or is deemed under paragraph 14(2) above to have been, notified of a decision of the local authority under section 43 of this Act or Part II of this Schedule relating to that parking place, that person or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place shows that the decision is one to which, under paragraph 19, 20 or 21 above, this paragraph is to apply and that the claimant has suffered damage in consequence of that decision by depreciation of the value of his interests in those premises, or by being disturbed in his enjoyment of those premises, the local authority shall pay the claimant compensation in respect of that damage.E+W+S
(2)If within the period of six months referred to in sub-paragraph (1) above any such person as is referred to in that sub-paragraph has made an application to the Secretary of State for that purpose and has given notice to the local authority of the making of that application, the Secretary of State may, if he thinks fit, in the circumstances of the case, direct that sub-paragraph (1) above shall apply in relation to the decision in question as if for the reference in that sub-paragraph to six months there were substituted a reference to such longer period as the Secretary of State thinks fit.
(3)For the purpose of determining whether or not a claimant has suffered damage, there shall be taken into account any alternative use to which the premises could reasonably be put, being a use in the case of which the local authority show either—
(a)that any necessary planning permission, whether conditional or unconditional, for that use has already been granted; or
(b)that the local planning authority have given an undertaking that if planning permission for that use is applied for it will be granted either unconditionally or subject to specified conditions;
and in a case where this paragraph applies by virtue of paragraph 21(c) above there shall also be taken into account any alternative variation to that applied for by the holder of the licence in question which the local authority have undertaken to grant on an application being made for that purpose.
(4)[F1Section 117 of the Town and Country Planning Act 1990] shall apply to any compensation payable under sub-paragraph (1) above in respect of depreciation of the value of a claimant’s interest in the premises concerned; and any question as to the right to, or the amount of, compensation under sub-paragraph (1) shall be referred to and determined by the [F2Upper Tribunal], and in relation to the determination of any such question the provisions of [F3section] 4 of the M1Land Compensation Act 1961 shall apply subject to any necessary modifications.
(5)Where compensation has become payable under sub-paragraph (1) above in respect of an interest in any premises and subsequently an order with respect to the use of those premises as a parking place is made under [F4section 97 or 102 of paragraph 1 of Schedule 9 to the said Act of 1990], the amount of that compensation shall be taken into account in assessing any compensation on a claim by reason of expenditure, loss or damage in consequence of that order made in respect of that interest under [F4section 107 or, as the case may be, section 115 of that Act].
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(c)(i)
F2Words in Sch. 4 para. 22(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I 2009/1307), art. 5(1)(2)(6), {Sch. 1 para. 165(a)} (with Sch. 5)
F3Words in Sch. 4 para. 22(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I 2009/1307), art. 5(1)(2)(6), {Sch. 1 para. 165(b)} (with Sch. 5)
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(c)(i)
F5Sch. 4 para. 22(6) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
Marginal Citations
M11961 c. 33(28:1).