C1C3C5C6C7C10C11C8 Part IV Compensation for Effects of Certain Orders, Notices, etc.

Annotations:
Modifications etc. (not altering text)
C1

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

Compensation for revocation of planning permission, etc.

C2C9107 Compensation where planning permission F8or permission in principle revoked or modified.

1

Subject to section 116, where planning permission F9or permission in principle is revoked or modified by an order under F6section 97(1)(a), 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 F5subsection (1), 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 F5subsection (1) 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 F7subsection (1) the amount of any loss or damage F4that is attributable to the revocation or modification of planning permission and consists 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.

F34A

A development order may make provision for the payment of compensation, in such circumstances and subject to such conditions as may be prescribed in the order, where permission in principle is revoked or modified by an order under section 97(1)(b).

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).