The Town and Country Planning (Compensation for Restrictions on Mineral Workings) (Scotland) Regulations 1987

Assessment of compensation

7.—(1) References in regulations 5 and 6 to “the appropriate portion” are to be construed in accordance with paragraphs (2) to (4) below.

(2) Where the planning authority are satisfied, at the time when they assess the amount to be paid in respect of a claim for compensation, that at the date of the coming into operation of an order the person making the claim was the only person interested in the site, the appropriate portion is the whole sum.

(3) Where, at the time when they are assessing the amount to be paid in respect of a claim for compensation, the planning authority are aware that at the date of the coming into operation of an order there were persons other than the claimant interested in the site, they shall calculate the appropriate portion as follows:–

(a) they shall take the value of the claimant’s interest in the site and in any relevant mineral;

(b) they shall take the total value which the site and the minerals in, on or under the site would have if there were a single person entitled to all of the interests in the site and all of the minerals; and

(c) they shall take the appropriate portion as being the sum which represents the same proportion of the whole sum as the value referred to in sub-paragraph (a) is of the total value referred to in sub-paragraph (b).

(4) In this regulation, “the whole sum” means–

(a) the sum of £5,000 specified in regulation 5; or

(b) the sum of £2,500 specified in regulation 6(1)(b)(i); or

(c) the sum which represents the 10 per cent proportion referred to in regulation 6(1)(b)(ii); or

(d) the sum of £100,000 specified in regulation 6(1)(b),

as the case may be.