Part VCompensation for Restrictions on New Development in Limited Cases

Recovery of compensation

131Apportionment of compensation

1

Where, on a claim for compensation under this Part in respect of a planning decision, the Secretary of State determines that compensation is payable and that the amount of the compensation exceeds £20, the Secretary of State shall—

a

if it appears to him to be practicable to do so, apportion the amount of the compensation between different parts of the land to which the claim for compensation relates, and

b

include particulars of the apportionment in the notice of his findings under section 129.

2

In carrying out such an apportionment the Secretary of State shall divide the land into parts and distribute the compensation between them according to the way in which the different parts appear to him to be differently affected by the planning decision.

3

Subsections (1) and (2) shall apply on a reference to the Lands Tribunal under section 129 with the substitution for references to the Secretary of State of references to the Lands Tribunal (unless the decision of the Tribunal will not affect the amount of the compensation or any apportionment of it by the Secretary of State).