Part V S Rights of Owners etc. to Require Purchase of Interests

Modifications etc. (not altering text)

C1 Pt. V excluded (1.4.2007) by Town and Country Planning (Marine Fish Farming) (Scotland) Order 2007 (S.S.I. 2007/268), arts. 1(1), 3(2)(b) (with art. 14(3))

Chapter I S Interests Affected by Planning Decisions or Orders

Service of purchase notices S

[F1 88APurchase notices: Crown land S

(1) A purchase notice may be served in respect of Crown land only as mentioned in this section.

(2) The owner of a private interest in Crown land must not serve a purchase notice unless—

(a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and

(b) the offer is refused by the appropriate authority.

(3) The appropriate authority may serve a purchase notice in relation to the following land—

(a) land belonging to Her Majesty in right of her private estates,

[F2 (aa) land which forms part of the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies,]

(b) land which forms part of the Crown Estate.

(4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a purchase notice.

(5) Expressions used in this section and in Part 12 (Crown Land) must be construed in accordance with that Part.]

Textual Amendments

F1 S. 88A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 1 (with s. 111); S.S.I. 2006/268, art. 3(f)

F2 S. 88A(3)(aa) inserted (1.4.2017) by The Crown Estate Transfer Scheme 2017 (S.I. 2017/524), art. 1(2), Sch. 5 para. 29(3)