The Planning and Compensation Act 1991 (Amendment of Schedule 18) Order 1999

Explanatory Note

(This note is not part of the Order)

Part I of Schedule 18 to the Planning and Compensation Act 1991 specifies or describes the date from which interest is payable on compensation arising under the statutory provisions mentioned, which do not themselves provide for the payment of interest.

Article 2 of this Order amends that Part of that Schedule by adding provisions relating to the payment of compensation under section 35A of the Environmental Protection Act 1990 (“the 1990 Act”).

Compensation is payable under that section where a person, in accordance with the requirements of section 35(4) or 38(9A) of the 1990 Act, has granted, or joined in granting, rights to enable the holder of a waste management licence to comply with conditions imposed on the grant of the licence or on its modification, suspension or revocation. The amount of the compensation is assessed in accordance with the Waste Management Licences (Consultation and Compensation) Regulations 1999.

The rate of interest payable in respect of compensation under section 35A of the 1990 Act is that prescribed under section 32 (rate of interest after entry on land) of the Land Compensation Act 1961 (c. 33).

Article 2 also amends Part II of the Schedule to update the reference to the Lands Tribunal Rules which were re-enacted in 1996.