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Land Compensation Act 1961

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Part IIIE+W Certification by Planning Authorities of Appropriate Alternative Development

[F117 Certificates of appropriate alternative development E+W

(1)Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may (subject to subsection (2)) apply to the local planning authority for a certificate [F2stating that a certain description of development is appropriate alternative development in relation to the acquisition].

[F3(1A)Development is “appropriate alternative development” for this purpose if it is development—

(a)on the land in which the interest referred to in subsection (1) subsists (whether alone or together with other land),

(b)for which planning permission is not in force at the relevant planning date, and

(c)in respect of which the following test is met.

(1B)The test is whether, had an application for planning permission for the development been determined on the relevant planning date, the local planning authority would have been more likely than not to grant the permission—

(a)on the assumptions set out in section 14(5),

(b)on the assumption that it would act lawfully, and

(c)otherwise, in the circumstances known to the market at the relevant planning date.

(1C)For the purposes of subsections (1A) and (1B), the “relevant planning date” is—

(a)the relevant valuation date, or

(b)if earlier, the date on which the application under this section is determined.]

(2)If—

(a)the acquiring authority have served a notice to treat in respect of the interest or an agreement has been made for the sale of the interest to that authority, and

(b)a reference has been made to the Upper Tribunal to determine the amount of the compensation payable in respect of the interest,

no application for a certificate under this section may be made after the making of that reference by either of the parties directly concerned except with the consent in writing of the other party directly concerned or the permission of the Upper Tribunal.

(3)An application for a certificate under this section—

[F4(ba)must set out the applicant’s reasons for considering that the description of development given in the application is appropriate alternative development, and]

(c)must be accompanied by a statement specifying the date on which a copy of the application has been or will be served on the other party directly concerned.

(4)Where an application is made to the local planning authority for a certificate under this section in respect of an interest in land, the local planning authority must not, without the agreement of the other party directly concerned, issue a certificate to the applicant before the end of 22 days beginning with the date specified in the statement under subsection (3)(c).

[F5(5A)The local planning authority may issue a certificate under this section in respect of—

(a)the description of development given in the application for the certificate, or

(b)a description of development less extensive than, but otherwise falling within, the description given in the application.

(5B)A certificate under this section must give a general indication of—

(a)any conditions to which planning permission for the development would have been subject, and

(b)any pre-condition for granting the permission (for example, entry into an obligation) that would have had to be met.

(5C)The test to be applied for the purposes of subsection (5B) is whether the local planning authority would have been more likely than not to impose such conditions, or insist on such a pre-condition, on the assumptions, and otherwise in the circumstances, referred to in subsection (1B).]

(9)On issuing to one of the parties directly concerned a certificate under this section in respect of an interest in land, the local planning authority must serve a copy of the certificate on the other of those parties.

(10)In assessing any compensation payable to any person in respect of any compulsory acquisition, [F6no account is to be taken of any expenses] incurred by the person in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 F7...).

(11) For the purposes of this section and sections 18 to 20, the Broads Authority is the sole district planning authority for the Broads; and here “ the Broads ” has the same meaning as in the Norfolk and Suffolk Broads Act 1988. ]

Textual Amendments

F1S. 17 substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(3), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F4S. 17(3)(ba) substituted for s. 17(3)(a)(b) (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F5S. 17(5A)-(5C) substituted for s. 17(5)-(8) (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(3)(d), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

[F818 Appeal to Upper Tribunal against certificate under section 17E+W

(1)Where the local planning authority have issued a certificate under section 17 in respect of an interest in land—

(a)the person for the time being entitled to that interest, or

(b)any authority possessing compulsory purchase powers by whom that interest is proposed to be, or is, acquired,

may appeal to the Upper Tribunal against that certificate.

(2)On any appeal under this section against a certificate, the Upper Tribunal—

(a)must consider the matters to which the certificate relates as if the application for a certificate under section 17 had been made to the Upper Tribunal in the first place,

[F9(aa)must consider those matters as if, in subsections (1B) and (5C), the references to the local planning authority were references to a reasonable planning authority,] and

(b)must—

(i)confirm the certificate, or

(ii)vary it, or

[F10(iia)cancel it, or]

(iii)cancel it and issue a different certificate in its place,

as the Upper Tribunal may consider appropriate.

[F11(2A)Where the local planning authority have rejected an application for a certificate under section 17, the person who applied for the certificate may appeal to the Upper Tribunal against the rejection.

(2B)On an appeal under subsection (2A)—

(a)paragraphs (a) and (aa) of subsection (2) apply as on an appeal under subsection (1), and,

(b)the Upper Tribunal must—

(i)confirm the rejection, or

(ii)issue a certificate,

as the Upper Tribunal may consider appropriate.]

(3)Where an application is made for a certificate under section 17, and at the expiry of the time prescribed by a development order for the issue of the certificate (or, if an extended period is at any time agreed upon in writing by the parties and the local planning authority, at the end of that period) no certificate has been issued by the local planning authority in accordance with that section, [F12subsection (2A) applies as if the local planning authority have rejected the application].

[F13(4)The references in sections 14(2A) and 17(5A) and (5B) to a certificate under section 17 include a certificate issued, or as varied, by the Upper Tribunal under this section.]]

Textual Amendments

F8S. 18 substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(3), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

19 Extension of ss. 17 and 18 to special cases.E+W

(1) Where an interest in land is proposed to be acquired [F14 by an authority possessing compulsory purchase powers], and, by reason that the person entitled to the interest is absent from the United Kingdom or cannot be found, the compensation payable in respect of the interest falls to be determined by the valuation of a surveyor under section fifty-eight of the M1 Lands Clauses Consolidation Act 1845, the surveyor, before carrying out his valuation, may apply to the local planning authority for a certificate under the said section seventeen; and the provisions of that section and of section eighteen of this Act shall apply in relation to an application made by virtue of this subsection as they apply in relation to an application made by virtue of subsection (1) of the said section seventeen.

(2)Where, in pursuance of an application made by virtue of subsection (1) of this section, the local planning authority issue a certificate to the surveyor, the authority shall serve copies of the certificate on both the parties directly concerned.

(3)An application for a certificate made by virtue of subsection (1) of this section shall specify the matters referred to in [F15paragraph (ba)] of subsection (3) of the said section seventeen, and shall be accompanied by a statement specifying the date on which a copy of the application has been or will be served on each of the parties directly concerned; and, in relation to such an application, subsection (4) of that section shall have effect with the substitution, for the reference to the date specified in the statement mentioned in [F16paragraph (c)] of the said subsection (3), of a reference to the date specified in accordance with this subsection, or, where more than one date is so specified, the later of those dates.

[F17(4)In the application of section 18 by virtue of subsection (1)—

(a)subsection (1)(a) of that section is to be read as if it included the surveyor, and

(b)subsection (2A) of that section is to be read as if the reference to the person who applied for the certificate included the person entitled to the interest.]

Textual Amendments

F14 Words in s. 19(1) substituted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. 2 para. 5(1)) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70(b), Sch. 15 Pt. 2 para.17 (with s. 84(5)); S.I. 1991/2067, art. 3

F16 Words substituted by Community Land Act 1975 (c. 77), Sch. 10 para. 4(3)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 5(1)(4)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

Modifications etc. (not altering text)

Marginal Citations

20 Power to prescribe matters relevant to Part III.E+W

The provisions which may be made by a development order shall include provision for regulating the manner in which applications under section seventeen or nineteen of this Act F18 ... are to be made and dealt with F19 ..., and in particular—

(a)for prescribing (subject to the provisions of subsection (4) of section seventeen of this Act) the [F20period within which an application under that section is to be determined];

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for requiring local planning authorities to furnish the Minister, and such other persons (if any) as may be prescribed by or under the order, with such information as may be so prescribed with respect to applications under the said section seventeen or the said section nineteen, including information whether any such application has been made in respect of any particular land and information as to the manner in which any such application has been dealt with, together, in such cases as may be so prescribed, with copies of certificates issued under the said section seventeen;

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Words in s. 20 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(a)(i), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F19Word in s. 20 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(a)(ii), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F22S. 20(d) repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(4)(c), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F2321 Proceedings for challenging validity of decision on appeal under s. 18.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23S. 21 repealed (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(5), 240(2), Sch. 25 Pt. 34 (with s. 232(8)); S.I. 2012/628, art. 8(d)(e) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

22 Interpretation of Part III. E+W

(1) In this Part of this Act “ the parties directly concerned ”, in relation to an interest in land, means the person entitled to the interest and the [F24acquiring authority].

(2)For the purposes of sections seventeen [F25to nineteen] of this Act, an interest in land shall be taken to be an interest proposed to be acquired by an authority possessing compulsory purchase powers in the following (but no other) circumstances, that is to say—

(a)where, for the purposes of a compulsory acquisition by that authority of land consisting of or including land in which that interest subsists, a notice required to be published or served in connection with that acquisition, either by an Act or by any Standing Order of either House of Parliament relating to petitions for private bills, has been published or served in accordance with that Act or Order; or

(b)where a notice requiring the purchase of that interest has been served under any enactment, and in accordance with that enactment that authority are to be deemed to have served a notice to treat in respect of that interest; or

(c)where an offer in writing has been made by or on behalf of that authority to negotiate for the purchase of that interest.

[F26(2A)The completion of the acquisition or purchase referred to in the applicable paragraph of subsection (2) does not affect the continued application of that subsection.]

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Words in s. 22(1) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(6)(a), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

F25Words in s. 22(2) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 232(6)(b), 240(2) (with s. 232(8)); S.I. 2012/628, art. 8(d) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

Modifications etc. (not altering text)

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