Land Compensation Act 1961

8 Subsequent acquisition of adjacent land and acquisition governed by enactment corresponding to s. 7. E+W

(1) Where, for the purpose of assessing compensation in respect of a compulsory acquisition of an interest in land, an increase in the value of an interest in other land has, in any of the circumstances mentioned in the first column of Part I of the First Schedule to this Act, been taken into account by virtue of section seven of this Act or any corresponding enactment, then, in connection with any subsequent acquisition to which this subsection applies, that increase shall not be left out of account by virtue of section six of this Act, or taken into account by virtue of section seven of this Act or any corresponding enactment, in so far as it was taken into account in connection with the previous acquisition.

(2) Where, in connection with the compulsory acquisition of an interest in land, a diminution in the value of an interest in other land has, in any of the circumstances mentioned in the first column of the said Part I, been taken into account in assessing compensation for injurious affection, then, in connection with any subsequent acquisition to which this subsection applies, that diminution shall not be left out of account by virtue of section six of this Act in so far as it was taken into account in connection with the previous acquisition.

(3) Subsections (1) and (2) of this section apply to any subsequent acquisition where either—

(a) the interest acquired by the subsequent acquisition is the same as the interest previously taken into account (whether the acquisition extends to the whole of the land in which that interest previously subsisted or only to part of that land), or

(b) the person entitled to the interest acquired is, or derives title to that interest from, the person who at the time of the previous acquisition was entitled to the interest previously taken into account;

and in this subsection any reference to the interest previously taken into account is a reference to the interest the increased or diminished value whereof was taken into account as mentioned in subsection (1) or subsection (2) of this section.

(4) Where, in connection with a sale of an interest in land by agreement, the circumstances were such that, if it had been a compulsory acquisition, an increase or diminution of value would have fallen to be taken into account as mentioned in subsection (1) or subsection (2) of this section, the preceding provisions of this section shall apply, with the necessary modifications, as if that sale had been a compulsory acquisition and that increase or diminution of value had been taken into account accordingly.

(5) Section seven of this Act shall not apply to any compulsory acquisition in respect of which the compensation payable is subject to the provisions of any corresponding enactment, nor to any compulsory acquisition in respect of which the compensation payable is subject to the provisions of any local enactment which provides (in whatever terms) that, in assessing compensation in respect of a compulsory acquisition thereunder, account shall be taken of any increase in the value of an interest in contiguous or adjacent land which is attributable to any of the works authorised by that enactment.

(6) Where any such local enactment as is mentioned in subsection (5) of this section includes a provision restricting the assessment of the increase in value thereunder by reference to existing use (that is to say, by providing, in whatever terms, that the increase in value shall be assessed on the assumption that planning permission in respect of the contiguous or adjacent land in question would be granted for development of any class specified in [F1 Schedule 8 to the M1 Town and Country Planning Act 1971], but would not be granted for any other development thereof), the enactment shall have effect as if it did not include that provision.

(7) References in this section to a corresponding enactment are references to any of the following, that is to say,—

(a) section thirteen of the M2 Light Railways Act 1896;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

[F3 (c) section 261(1) of the M3 Highways Act 1980 (or its predecessor, section 222(6) of the M4 Highways Act 1959);]

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

and, in subsection (1), includes references to any such local enactment as is mentioned in subsection (5).

Textual Amendments

F1 Words substituted by virtue of Town and Country Planning Act 1971 (c. 78), Sch. 24 para. 2

F2 S. 8(7)(b) repealed by Miscellaneous Financial Provisions Act 1983 (c. 29, SIF 99:1), Sch. 3

F3 S. 8(7)(c) substituted by Highways Act 1980 (c. 66), Sch. 24 para. 8

F4 S. 8(7)(d) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C1 S. 8 applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 97

Marginal Citations

M1 1971 c. 78.

M2 1896 c. 48.

M3 1980 c. 66.

M4 1959 c. 25.