Land Compensation Act 1961

[F1 18 Appeal to Upper Tribunal against certificate under section 17 E+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,

[F2 (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

[F3 (iia) cancel it, or]

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

as the Upper Tribunal may consider appropriate.

[F4 (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, [F5 subsection (2A) applies as if the local planning authority have rejected the application].

[F6 (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

F1 S. 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)

F2 S. 18(2)(aa) inserted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(4)(a)(i), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F3 S. 18(2)(b)(iia) inserted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(4)(a)(ii), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F4 S. 18(2A)(2B) inserted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(4)(b), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F5 Words in s. 18(3) substituted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(4)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))

F6 S. 18(4) inserted (31.1.2025) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 189(4)(d), 255(7) (with s. 247); S.I. 2024/92, reg. 5 (with reg. 6(3)-(5))