The Planning and Compensation Act 1991 (Amendment of Schedule 18) (England) Order 2002

Additions to provisions relating to interest on compensation

2.  Part I (compensation provisions that do not provide for interest) of Schedule 18 to the Planning and Compensation Act 1991 shall be amended by the insertion, after the entry relating to section 35A(4) of the Environmental Protection Act 1990(1), of the following—

“Section 78G(5) of that Act

In the case of so much of the compensation as is payable under section 78G— (a) by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation; (b) by virtue of paragraph 4(c), (d) or (e) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection; (c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable.(2)"”

(1)

1990 c. 43. Section 35A was inserted by the Environment Act 1995 (c. 25), Schedule 22, paragraph 67.

(2)

Section 78G of the Environmental Protection Act 1990 was inserted by section 57 of the Environment Act 1995. For the Contaminated Land (England) Regulations 2000 see S.I. 2000/227, to which there are amendments not relevant to this Order.