Part VI Rights of owners etc. to require purchase of interests

Chapter II Interests Affected by Planning Proposals: Blight

Miscellaneous and supplementary provisions

171 General interpretation of Chapter II.

(1)

Subject to the following provisions of this section, in this Chapter—

“the affected area”, in relation to an agricultural unit, means so much of that unit as, on the date of service, consists of land falling within any paragraph of Schedule 13;

“agricultural” has the same meaning as in section 109 of the M1Agriculture Act 1947 and references to the farming of land include references to the carrying on in relation to the land of agricultural activities;

“agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;

“annual value” means—

(a)

in the case of a hereditament which is shown in a local non-domestic rating list and none of which consists of domestic property or property exempt from local non-domestic rating, the value shown in that list as the rateable value of that hereditament on the date of service;

(b)

in the case of a hereditament which is shown in a local non-domestic rating list and which includes domestic property or property exempt from local non-domestic rating, the sum of—

(i)

the value shown in that list as the rateable value of that hereditament on the date of service; and

(ii)

the value attributable to the non-rateable part of that hereditament in accordance with subsections (2) and (3);

(c)

in the case of any other hereditament, the value attributable to that hereditament in accordance with subsections (2) and (3);

“blight notice” has the meaning given in section 149(5);

“the claimant” has the meaning given in section 150(4);

“hereditament” means a relevant hereditament within the meaning of section 64(4)(a) to (c) of the M2Local Government Finance Act 1988;

F1“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;

“special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, which is a local enactment or provision authorising the compulsory acquisition of land specifically identified in it; and in this definition “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure.

(2)

The value attributable to a hereditament, or the non-rateable part of it, in respect of domestic property shall be the value certified by the relevant valuation officer as being 5 per cent. of the compensation which would be payable in respect of the value of that property if it were purchased compulsorily under statute with vacant possession and the compensation payable were calculated in accordance with Part II of the M3Land Compensation Act 1961 by reference to the relevant date.

(3)

The value attributable to a hereditament, or the non-rateable part of it, in respect of property exempt from local non-domestic rating shall be the value certified by the relevant valuation officer as being the value which would have been shown as the rateable value of that property on the date of service if it were a relevant non-domestic hereditament consisting entirely of non-domestic property, none of which was exempt from local non-domestic rating.

(4)

Land which (apart from this subsection) would comprise separate hereditaments solely by reason of being divided by a boundary between rating areas shall be treated for the purposes of the definition of “hereditament” in subsection (1) as if it were not so divided.

(5)

In this section—

“date of service” has the same meaning as in section 168;

“relevant valuation officer” means the valuation officer who would have determined the rateable value in respect of the hereditament for the purposes of Part III of the M4Local Government Finance Act 1988 if the hereditament had fulfilled the conditions set out in section 42(1)(b) to (d) of that Act;

“relevant date” is the date by reference to which that determination would have been made;

and expressions used in the definition of “annual value” in subsection (1) or in subsection (2) or (3) which are also used in Part III of that Act have the same meaning as in that Part.