Part V Status of Certain Airport Operators as Statutory Undertakers, etc.
61 Compensation in respect of planning decisions relating to safety of airports etc.
1
In the case of an airport to which this Part applies, a local planning authority (“a planning authority”) shall be entitled to recover from the airport operator a sum equal to any compensation which the planning authority has become liable to pay, if—
a
it has become so liable under F1section 107, 108, F2 . . . 144(2) or 279(1) of the Town and Country Planning Act 1990 (“the 1990 Act”) or under F3section 76, 77, 95(2) or 232(1) of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”) (which relate to compensation for certain planning restrictions, for purchase notices which do not take effect and in respect of undertakers’ operational land); and
b
the liability is attributable to a planning decision which would not have been taken, or (in the case of compensation under F4section 107 of the 1990 Act or F5section 76 of the 1997 Act) to an order under F4section 97 of the 1990 Act or F5section 65 of the 1997 Act which would not have been made, but for the need—
i
to secure the safe and efficient operation of the airport, or
ii
to prevent persons or buildings from being struck by aircraft using the airport, or
iii
to secure the safe and efficient operation of apparatus owned by the airport operator and provided for the purpose of assisting air traffic control or as an aid to air navigation.
2
Where a sum equal to any compensation is payable or paid to a planning authority by an airport operator in pursuance of subsection (1), the planning authority shall pay the airport operator any amount received by the planning authority in respect of the compensation under F6sections 111 and 112 of the 1990 Act or F7section 82 of the 1997 Act (which relate to the recovery of compensation on subsequent development).
3
where a purchase notice is served under F8section 137 of the 1990 Act or F9section 88 of the 1997 Act in respect of a planning decision which would not have been taken but for such a need as is mentioned in subsection (1) in the case of any airport to which this Part applies, any local authority who are deemed under F8section 139(3) or 143(1) of the 1990 Act or F9section 90(3) or 94(1) of the 1997 Act to have served a notice to treat in respect of the interest to which the purchase notice relates may, by notice in writing given to the airport operator not later than one month from the time when the amount of compensation payable by the local authority for the interest is agreed or determined, require the airport operator to purchase the interest from the local authority for a sum equal to the amount of compensation so agreed or determined.
4
Where a notice in writing is given to an airport operator under subsection (3) he shall, subject to any agreement between him and the local authority, be deemed to have contracted with the local authority to purchase the interest at that price.
5
6
In the preceding provisions of this section “planning decision” means a decision made on an application under Part III of F12the 1990 Act or Part III of F13the 1997 Act; and references in those provisions to a local planning authority shall be construed—
a
in relation to England and Wales, as including references to any authority to whom functions of a local planning authority are delegated; and
b
in relation to Scotland, as references to a planning authority.