Part IVE+W Compensation for Effects of Certain Orders, Notices, etc.

F1S. 114 repealed (25.7.1991 with effect or to be treated as having had effect, where the application for planning permission was made on or after 16.11.1990) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(2)(7), 84(2)(4)(6), Sch. 19 Pt. II (with s. 84(5))

115 Compensation in respect of orders under s. 102, etc.E+W

(1)This section shall have effect where an order is made under section 102—

(a)requiring a use of land to be discontinued,

(b)imposing conditions on the continuance of it, or

(c)requiring any buildings or works on land to be altered or removed.

(2)If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order—

(a)by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it, or

(b)by being disturbed in his enjoyment of the land or of such minerals,

that authority shall pay to that person compensation in respect of that damage.

(3)Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the local planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

(4)Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

(5)Subject to section 116, this section applies where such an order as is mentioned in subsection (6) is made as it applies where an order is made under section 102.

(6)The orders referred to in subsection (5) are an order under paragraph 1 of Schedule 9—

(a)requiring a use of land to be discontinued, or

(b)imposing conditions on the continuance of it, or

(c)requiring any buildings or works or plant or machinery on land to be altered or removed,

or an order under paragraph 3, 5 or 6 of that Schedule.

Modifications etc. (not altering text)

C9S. 115 applied (with modifications) (25.3.1997) by S.I. 1997/1111, reg. 5(1)(3)

[F2116 Modification of compensation provisions in respect of mineral working etc.E+W

(1)Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under—

(a)section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b)paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2)Any such regulations may make provision—

(a)as to circumstances in which compensation is not to be payable;

(b)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases and incidental or supplementary provision.

(3)No such regulations shall be made [F3by the Secretary of State] unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4)Before making any such regulations the Secretary of State [F4or (as the case may be) the Welsh Ministers] shall consult such persons as appear to him [F5or them] to be representative—

(a)of persons carrying out mining operations;

(b)of owners of interests in land containing minerals; and

(c)of mineral planning authorities.]

Textual Amendments

F2S. 116 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para.9; S.I. 1991/2067, art.3 (subject to art. 4)

F3Words in s. 116(3) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(a)

F4Words in s. 116(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(b)(i)

F5Words in s. 116(4) inserted (6.9.2015) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 4(2)(b)(ii)

Modifications etc. (not altering text)

C10S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2

S. 116 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(6) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2