Planning Act 2008

Compensation E+W+S

6 (1) This paragraph applies if— E+W+S

(a) in exercise of the power conferred by paragraph 3, the [F1 Secretary of State] makes a change to, or revokes, a development consent order,

(b) the case in which the power is exercised is one falling within sub-paragraph (3)F2 ... or (7) of that paragraph,

(c) on a claim for compensation under this paragraph it is shown that a person with an interest in the land, or for whose benefit the development consent order has effect—

(i) has incurred expenditure in carrying out work which is rendered abortive by the change or revocation, or

(ii) has otherwise sustained loss or damage which is directly attributable to the change or revocation, and

(d) the claim is made to the [F1 Secretary of State] in the prescribed manner and before the end of the prescribed period.

(2) Compensation in respect of the expenditure, loss or damage is payable to the person [F3 by the Secretary of State.]

(3) The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying out any work includes a reference to expenditure incurred —

(a) in the preparation of plans for the purposes of the work, or

(b) on other similar matters preparatory to carrying out the work.

(4) Subject to sub-paragraph (3), no compensation is to be paid under this paragraph—

(a) in respect of any work carried out before the development consent order was made, or

(b) in respect of any other loss or damage arising out of anything done or omitted to be done before the development consent order was made (other than loss or damage consisting of depreciation of the value of an interest in land).

(5) The Secretary of State may by regulations make provision about the assessment of compensation payable under this paragraph.

(6) The regulations may in particular include provision—

(a) for the reference of disputes about compensation for depreciation to, and the determination of such disputes by F4 ... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal;

(b) applying, with or without modifications, a provision of or made under an Act.

Textual Amendments

F1 Words in Sch. 6 substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(3); S.I. 2012/628, art. 7(a)

F2 Words in Sch. 6 para. 6(1)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)

F3 Words in Sch. 6 para. 6(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(12); S.I. 2012/628, art. 7(a)

F4 Words in Sch. 6 para. 6(6)(a) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 297 (with Sch. 5)

Commencement Information

I1 Sch. 6 para. 6 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)

7 (1) In this paragraph “compensation for depreciation” means compensation payable under paragraph 6 in respect of loss or damage consisting of depreciation of the value of an interest in land. E+W+S

(2) The Secretary of State may by regulations make provision about the apportionment of compensation for depreciation between different parts of the land to which the claim for the compensation relates.

(3) The regulations may in particular include provision about—

(a) who is to make an apportionment;

(b) the persons to whom notice of an apportionment is to be given;

(c) how an apportionment is to be made;

(d) the reference of disputes about an apportionment to, and the determination of such disputes by, F5 ... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal.

(4) The Secretary of State may by regulations make provision for, and in connection with, the giving of notice of compensation for depreciation.

(5) The regulations may in particular include provision about—

(a) the persons to whom notice of compensation for depreciation is to be given;

(b) the status of such a notice;

(c) the registration of such a notice.

Textual Amendments

F5 Words in Sch. 6 para. 7(3)(d) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 297 (with Sch. 5)

Commencement Information

I2 Sch. 6 para. 7 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)