Housing and Planning Act 2016

204 Compensation for overridden easements etc E+W

(1) A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203.

(2) The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.

(3) Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—

(a) the liability is enforceable against the authority, but

(b) the authority may recover from that person any amount it pays out.

[F1 (4) The authority against which a liability is enforceable by virtue of subsection (3)(a) is—

(a) where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,

(b) where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or

(c) in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.]

(5) Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.

Textual Amendments

F1 S. 204(4) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(3), 46(1); S.I. 2017/767, reg. 2(i)

Commencement Information

I1 S. 204 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)