C1C3C5C6C7 Part IV Compensation for Effects of Certain Orders, Notices, etc.
Pt. IV modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 74(1)(a)
Pt. IV applied (with modifications) (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 74(2)
Pt. IV modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 78(1)(a)
Pt. IV applied (with modifications) (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 78(2)
Pt. IV modified (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 82(1)
Pt. IV applied (with modifications) (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 82(2)
Pt. 4 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 89(1)-(3)
Pt. 4 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 93(1)-(3)
Pt. 4 applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 97(1)-(3)
Compensation for revocation of planning permission, etc.
C2107 Compensation where planning permission revoked or modified.
1
Subject to section 116, where planning permission is revoked or modified by an order under section 97, then if, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land or in minerals in, on or under it—
C4a
has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or
b
has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
the local planning authority shall pay that person compensation in respect of that expenditure, loss or damage.
2
For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work.
3
Subject to subsection (2), no compensation shall be paid under this section in respect—
a
of any work carried out before the grant of the permission which is revoked or modified, or
b
of any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land).
4
In calculating for the purposes of this section the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted F1—
a
subject to the condition set out in Schedule 10, for any development of the land of a class specified in paragraph 1 of Schedule 3;
b
for any development of a class specified in paragraph 2 of Schedule 3.
5
In this Part any reference to an order under section 97 includes a reference to an order under the provisions of that section as applied by section 102(3) (or, subject to section 116, by paragraph F21(3) of Schedule 9).
Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 15(4)(a) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Pt. IV (ss. 107-118) modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2