Version Superseded: 25/09/1991
Point in time view as at 01/02/1991. This version of this provision has been superseded.
Town and Country Planning Act 1990, Section 122 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subject to subsection (2), compensation under this Part shall not be payable in respect of a planning decision by which permission is refused for the development of land if, notwithstanding that refusal, there is available with respect to that land planning permission for development to which this section applies.
(2)Where such permission is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.
(3)Where a claim for compensation under this Part is made in respect of an interest in any land, planning permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part of it if, immediately before the Secretary of State gives notice of his findings in respect of that claim, there is in force with respect to that land, or that part of it, a grant of, or an undertaking by the Secretary of State to grant, planning permission for some such development, subject to no conditions other than such as are mentioned in section 121(2).
(4)This section applies to any development which—
(a)is of a residential, commercial or industrial character, and
(b)consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination of them.
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