Land Compensation Act 1961

[F1 17 Certification of appropriate alternative development. E+W

[F2 (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) of this section, apply to the local planning authority for a certificate under this section.]

(2) [F3 If the authority proposing to acquire the interest] have served a notice to treat in respect thereof, or an agreement has been made for the sale thereof to that authority, and a reference has been made to the Lands Tribunal to determine the amount of the compensation payable in respect of that interest, no application for a certificate under this section shall be made by either of the parties directly concerned after the date of that reference except either—

(a) with the consent in writing of the other of those parties, or

(b) with the leave of the Lands Tribunal.

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

(a) shall state whether or not there are, in the applicant’s opinion, any classes of development which, either immediately or at a future time, would be appropriate for the land in question if it were not proposed to be acquired by any authority possessing compulsory purchase powers and, if so, shall specify the classes of development and the times at which they would be so appropriate;

(b) shall state the applicant’s grounds for holding that opinion; and

(c) shall 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 shall, not earlier than twenty-one days after the date specified in the statement mentioned in paragraph (c) of subsection (3) of this section, issue to the applicant a certificate stating either of the following to be the opinion of the local planning authority regarding the grant of planning permission in respect of the land in question, if it were not proposed to be acquired by an authority possessing compulsory purchase powers, that is to say—

[F4 (a) that planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or

(b) that planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development,

and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.]

(5) Where, in the opinion of the local planning authority, planning permission would have been granted as mentioned in paragraph (a) of subsection (4) of this section, but would only have been granted subject to conditions, or at a future time, or both subject to conditions and at a future time, the certificate shall specify those conditions, or that future time, or both, as the case may be, in addition to the other matters required to be contained in the certificate.

(6) For the purposes of subsection (5) of this section, a local planning authority may formulate general requirements applicable to such classes of case as may be described therein; and any conditions required to be specified in the certificate in accordance with that subsection may, if it appears to the local planning authority to be convenient to do so, be specified by reference to those requirements, subject to such special modifications thereof (if any) as may be set out in the certificate.

(7) In determining, for the purposes of the issue of a certificate under this section, whether planning permission for any particular class of development would have been granted in respect of any land, the local planning authority shall not treat development of that class as development for which planning permission would have been refused by reason only that it would have involved development of the land in question (or of that land together with other land) otherwise than in accordance with the provisions of the developmeent plan relating thereto.

F5 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 shall serve a copy of the certificate on the other of those parties.]

[F6 (9A) In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 18 of this Act where any of the issues on the appeal are determined in his favour).]

[F7 (10) For the purposes of this section and sections 18 to 20 of this Act, the Broads Authority shall be the sole district planning authority in respect of the Broads.

(11) In subsection (10) above “the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988]

Textual Amendments

F1 S. 17 substituted by virtue of Community Land Act 1975 (c. 77), s. 47(1), Sch. 9; continued by Local Government, Planning and Land Act 1980 (c. 65), s. 121, Sch. 24 Pt. I in relation to applications, and certificates issued in pursuance of applications, made after 12.12.1975

F2 S. 17(1) substituted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt.II para. 3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 65(1) (with s. 84(5)); S.I. 1991/2067, art.3

F3 Words in s. 17(2) substituted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 5(1)) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70(b), Sch. 15 Pt. II para. 16(a) (with s. 84(5)); S.I. 1991/2067, art. 3

F4 S. 17(4)(a)(b) and additional words substituted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 65(2) (with s. 84(5)); S.I. 1991/2067, art.3

F5 S. 17(8) repealed (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. II paras. 5(1), 7(2)) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), ss. 70(b), 84(6), Sch. 15 Pt. II para. 16(b), Sch. 19 Pt.III (with s. 84(5)); S.I. 1991/2067, art. 3

F6 S. 17(9A) inserted (25.9.1991, subject to the restrictions referred to in S.I. 1991/2067, art. 4, Sch. 2 Pt. II para. 3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 65(3) (with s. 84(5)): S.I. 1991/2067, art. 3

F7 S. 17(10)(11) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 2(5), Sch. 3 Pt. I para. 3

Modifications etc. (not altering text)

C1 S. 17 amended (except as to Greater London) by Local Government Act 1972 (c. 70), s. 182(3), Sch. 16 para. 55

C2 S. 17(2) modified by Local Government, Planning and Land Act 1980 (c. 65), s. 141, Sch. 27 paras. 9, 11 and by Housing Act 1988 (c. 50, SIF 61), s. 76(5)(6), Sch. 9 Pt. II para. 8

S. 17(2) modified (10.11.1993) by 1993 c. 28, s. 161(4), Sch. 19 para.3; S.I. 1993/2762, art.3