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The Conservation of Habitats and Species Regulations 2010
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- UK Statutory Instruments
- 2010 No. 490
- PART 6
- CHAPTER 6
- Regulation 97
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Changes over time for: Section 97
Version Superseded: 30/11/2017
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- 01/03/2010- Amendment
- 08/01/2016
Point in time - 30/11/2017- Amendment
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Orders under Transport and Works Act 1992: compensation
This section has no associated Explanatory Memorandum
97.—(1) Where a direction deeming planning permission to be granted is revoked or varied pursuant to regulation 94(5), that permission is to be treated for the purposes of Part 4 of the TCPA 1990 (compensation for effects of certain orders, notices etc.) as having been revoked or modified by order under section 97 M1 of that Act (power to revoke or modify planning permission).
(2) Where an order under the Transport and Works Act 1992 is revoked or varied pursuant to regulation 94(3) or (4), Part 4 of the TCPA 1990 applies as if—
(a)the order had been planning permission granted on an application under that Act and had been revoked or modified by order under section 97 of that Act; and
(b)that Part provided that the appropriate authority was the person liable to pay any compensation provided for by that Part.
(3) Paragraph (2) does not confer any right to compensation for any expenditure, loss or damage for which compensation is payable by virtue of paragraph (1).
(4) Where the appropriate authority decide not to proceed with the revocation or variation of an order under the Transport and Works Act 1992 or a direction deeming planning permission to be granted, any claim for compensation by virtue of this regulation is limited to any loss or damage directly attributable to the order or direction ceasing to have effect or being varied for the duration of the period between the revocation or variation taking effect under regulation 96(1) and the appropriate authority's decision not to proceed with it.
(5) Where compensation is payable by virtue of this regulation, the question as to the amount of the compensation must be referred to and determined by the Upper Tribunal unless and to the extent that in any particular case the appropriate authority have indicated in writing that such a reference and determination may be dispensed with.
Marginal Citations
M1Section 97 was amended by the Planning and Compensation Act 1991 (c. 34), paragraph 4 of Schedule 1 and Part 1 of Schedule 19.
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