Land Compensation Act 1961

SCHEDULES

Sections 6, 7

FIRST SCHEDULE E+W Actual or Prospective Development relevant for purposes of Sections 6 & 7

Part I E+W Description of Development

Case	Development
1. Where the acquisition is for purposes involving development of any of the land authorised to be acquired.	Development of any of the land authorised to be acquired, other than the relevant land, being development for any of the purposes for which any part of the first-mentioned land (including any part of the relevant land) is to be acquired.
2. Where any of the relevant land forms part of an area defined in the current development plan as an area of comprehensive development.	Development of any land in that area, other than the relevant land, in the course of the development or redevelopment of the area in accordance with the plan.
3. Where on the date of service of the notice to treat any of the relevant land forms part of an area designated as the site of a new town by an order under [F1 the M1 New Towns Act 1965].	Development of any land in that area, other than the relevant land, in the course of the development of that area as a new town.
[F2 3A. Where on the date of service of notice to treat any of the relevant land forms part of an area designated as an extension of the site of a new town by an order under the New Towns Act 1965 becoming operative after the date of the commencement of the M2 New Towns Act 1966.	Development of any land included in that area, other than the relevant land, in the course of the development of that area as part of a new town.]
4. Where any of the relevant land forms part of an area defined in the current development plan as an area of town development.	Development of any land in that area, other than the relevant land, in the course of town development within the meaning of the M3 Town Development Act 1952.
[F3 4A. Where any of the relevant land forms part of an area designated as an urban development area by an order under section 134 of the M4 Local Government, Planning and Land Act 1980.	Development of any land other than the relevant land, in the course of the development or redevelopment of that area as an urban development area.]
[F4 4B. Where any of the relevant land forms part of a housing action trust area established under Part III of the Housing Act 1988.]	[F4 Development of any land other than the relevant land in the course of the development or re-development of the area as a housing action trus t area.]

Textual Amendments

F1 Words substituted by virtue of New Towns Act 1965 (c. 59), Sch. 11 para. 5

F2 Para. 3A inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 1

F3 Para. 4A inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 145(1)

F4 Sch. 1 para. 4B added by Housing Act 1988 (c. 50, SIF 61), s. 78(3)

Marginal Citations

M1 1965 c. 59.

M2 1966 c. 44.

M3 1952 c. 54.

M4 1980 c. 65.

Part II E+W Special Provisions as to New Towns

Modifications etc. (not altering text)

C1 Sch. 1 Pt. II restricted by Development of Rural Wales Act 1976 (c. 75), s. 5(1), Sch. 3 para. 30(3)

5 E+W In this Part of this Schedule “the transfer date”, in relation to a new town, means the date on which, by virtue of any enactment contained in any Act relating to new towns, whether passed before or after this Act, the development corporation established for the purposes of that new town ceases to act, except for purposes of or incidental to the winding up of its affairs.

6 E+W Land shall not be treated as forming part of such an area as is mentioned in paragraph 3 [F5 or 3A] of this Schedule if the notice to treat is served on or after the transfer date.

Textual Amendments

F5 Words inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 2

7 E+W In determining whether the relevant land forms part of such an area as is mentioned in the said paragraph 3,—

(a) in the case of an area designated as the site of a new town by an order which became operative on or before the twenty-ninth day of October, nineteen hundred and fifty-eight, regard shall be had to that order in the form in which, whether as originally made or as subsequently varied, it was in force on that day, and any variation becoming operative after that day shall be disregarded;

(b) in the case of an area designated as the site of a new town by an order which became operative after the said twenty-ninth day of October, whether before or after the passing of this Act, regard shall be had to the order in its original form, and any variation of the order shall be disregarded.

8 E+W For the purpose of determining whether any development of which there is a prospect on the date of service of the notice to treat would be such development as is described in the said paragraph 3 [F6 or 3A] it is immaterial whether the time when that development will or may take place is a time before, on or after the transfer date.

Textual Amendments

F6 Words inserted by New Towns Act 1966 (c. 44), Sch. Pt. I para. 2

[F7 9 (1) This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land. E+W

(2) In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.]

Textual Amendments

F7 Para. 9 inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 25 para. 8 except where a notice to treat has been served before 13.11.1980

[F8 Part III] E+W Special Provisions as to Urban Development Areas

Textual Amendments

F8 Pt. III added by Local Government, Planning and Land Act 1980 (c. 65), s. 145(2)

10 E+W For the avoidance of doubt it is hereby declared—

(a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of account; and

(b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i) to any development of land which was carried out before the area was designated as an urban development area;

(ii) to any development or prospect of development of land outside the urban development area;

(iii) to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers.

11 E+W Paragraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 6 of this Act.

SECOND SCHEDULE E+W . . . F9

Textual Amendments

F9 Sch. 2 repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(2), Sch. 12 Pt. II

F10 X1 THIRD SCHEDULE E+W Application of Part IV to certain Cases

Editorial Information

X1 The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Textual Amendments

F10 Sch. 3 repealed by Land Commission Act 1967 (c. 1), Sch. 17 except in relation to compulsory acquisition or sale in pursuance of notices to treat served or contracts made before 1.1.1967

Disturbance, severance and injurious affection E+W

1 E+W Subject to paragraph 2 of this Schedule, any reference in section twenty-.three of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.

2 E+W If the parson entitled to the compensation under the said section twenty-three—

(a) was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in land held with the land acquired or purchased ; but

(b) is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;

any reference in the said section twenty-three to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may foe, of 'that part.

Increase in value of contiguous or adjacent land E+W

3 E+W In determining for the purposes of the said section twenty-three the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—

(a) the compensation or the purchase price was or would have been reduced (whether by virtue of section seven of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land ; but

(b) at the time of the planning decision the person entitled to the compensation under the said section twenty-three is not entitled to the said interest or is entitled thereto only as respects part of the contiguous or adjacent land,

the amount specified in the said subsection (2) and the principal amount or purchase price mentioned in the said subsection (1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed, or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part thereof.

Mortgaged land E+W

4 E+W Subject to the provisions of this Schedule relating to settled land, where, in a case falling within subsection (1) of section twenty-three of this Act, the interest in land which was acquired or sold was subject to a mortgage, any reference (however expressed) in section twenty-three or section twenty-four of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the mortgage, was entitled to that interest, and not as a reference to the mortgagee.

5 E+W For the purposes of the application of section twenty-three of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a mortgage.

6 E+W No compensation shall be payable by virtue of section twenty-three of this Act in respect of a compulsory acquisition or sale by agreement, where the interest acquired or sold was the interest of a mortgagee (as distinct from an interest subject to a mortgage).

Settled land E+W

7 (1) Where, in a case falling within subsection (1) of section twenty-three of this Act, the interest in land which was acquired or sold was subject to a settlement, and accordingly the compensation or purchase price was payable to the trustees of that settlement, any reference (however expressed) in section twenty-three or section twenty-four of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the settlement. E+W

(2) Where sub-paragraph (1) of this paragraph applies, subsection (4) of section twenty-three of this Act shall not apply.

(3) Any compensation paid to the trustees of the settlement by virtue of section twenty-three of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the sale of the interest acquired or sold.

(4) In this paragraph "settlement" means a settlement within the meaning of the Settled Land Act, 1925, or a trust for sale within the meaning of the Law of Property Act, 1925.

Interpretation E+W

8 E+W References in this Schedule to sections twenty-three and twenty-four of this Act include references to those sections as applied by section twenty-five or twenty-six of this Act, and references to the time of any planning decision shall be construed accordingly. Section 40.

Section 40.

FOURTH SCHEDULE E+W ENACTMENTS AMENDED

The Town and Country Planning Act, 1944, and that Act as applied by the New Towns Act, 1946 E+W

1—5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 4 paras. 1–5 repealed by New Towns Act 1965 (c. 59), Sch. 12

6, 7. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 Sch. 4 paras. 6, 7 repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), Sch. 6 Pt. I

The Lands Tribunal Act, 1949 E+W

8 E+W In subsection (6) of section one, for the words “an authority to whom the Acquisition of Land Act applies” there shall be substituted the words “any person”.

Modifications etc. (not altering text)

C2 The text of Sch. 4 para. 8 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

9, 10. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 4 paras. 9, 10 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

FIFTH SCHEDULE F14 E+W

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

Textual Amendments

F14 Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI