Office of Public Sector Information
SCHEDULE 13 continued
such a planning decision is made as is mentioned in that paragraph, the acquiring authority shall, subject to subsection (3) of this section, give notice of the decision in the prescribed form to that person at that address.
(3) If—
(a) an address for service has been given by such a person as is mentioned in subsection (1)(b) of this section; and
(b) the acquiring authority have reasonable grounds for believing that the person mentioned in subsection (1)(a) of this section is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act,
the acquiring authority need not give a notice to the person mentioned in subsection (1)(a).
(4) A claim for compensation under section 23 of this Act in respect of a planning decision shall not have effect if made more than six months after the following date, that is to say—
(a) if the claim is made by a person who has not given the acquiring authority an address for service under this section, the date of the decision;
(b) if the claim is made by a person who has given the acquiring authority such an address, the date on which notice of the decision is given to him in accordance with subsection (2) of this section;
but, where there is an appeal against the planning decision, the reference in paragraph (a) of this subsection to the date of the planning decision shall be read as a reference to the date of the decision on the appeal.
(5) The references in subsection (4) of this section to an appeal against a planning decision include an appeal made by virtue of section 78(2) of the [1990 c. 8.] Town and Country Planning Act 1990.
(6) Where—
(a) a person has given to an acquiring authority an address for service under this section; and
(b) that authority, before the end of the period mentioned in section 23(1)(a) of this Act, cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to a freehold interest in, or tenancy of, that land or that part of it, as the case may be,
they shall notify the local planning authority; and after that it shall be the duty of the local planning authority to give notice to the acquiring authority of any planning decision of which the acquiring authority are required to give notice under subsection (2) of this section.
(7) Notice under subsection (6) of this section of a planning decision—
(a) in the case of a decision made by the local planning authority, shall be given within seven days after the making of the decision; and
(b) in any other case, shall be given within seven days after the making of the decision has been notified to the local planning authority.
(1) The provisions of sections 23 and 24(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.
| Permission granted by a development order | When development is initiated |
| Permission granted by the adoption or approval of a simplified planning zone scheme | When the scheme is approved or adopted |
| Permission granted by an order designating an enterprise zone | When the designation takes effect |
| Permission deemed to be granted by a direction under section 90 of the Town and Country Planning Act 1990 | When the direction is given |
| Permission deemed to be granted by a local planning authority | The occurrence of the event in consequence of which the permission is deemed to be granted |
(2) Where the provisions of section 23 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if—
(a) before the date shown in column 2, a person who (under section 24(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and
(b) the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,
it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.
(3) An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 24(1)(a) of this Act if—
(a) an address for service has been given to them by such a person as is mentioned in section 24(1)(b) of this Act; and
(b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act.
(4) A claim for compensation under section 23 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say—
(a) if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given;
(b) in any other case, the date shown in column 2.
(1) Where—
(a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and before the end of the period of ten years beginning with the date of completion there is initiated any additional development of any of the land which was comprised in the acquisition or sale; and
(b) by reason of any such circumstances as are mentioned in subsection (2) of this section the development in question is development for which planning permission is not required,
the provisions of sections 23 and 24(1) of this Act shall apply as if a planning decision granting permission for that development had been made at the time when the additional development is so initiated.
(2) The circumstances referred to in subsection (1) of this section are either or both of the following—
(a) that the development is initiated by or on behalf of the Crown;
(b) that there is a Crown or Duchy interest in the land and the development is initiated in right of that interest.
(3) Where—
(a) the provisions of section 23 of this Act have effect as applied by subsection (1) of this section in relation to the initiation of any development; and
(b) before the development is initiated a person who (under section 24(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority,
it shall, subject to subsections (4) and (5) of this section, be the duty of the acquiring authority to give notice in the prescribed form of the initiation of the development to the person mentioned in paragraph (b) of this subsection at the address given by him to the authority.
(4) Where—
(a) by virtue of subsection (3) of this section, it is the duty of a government department to give notice of development initiated by or on behalf of that department; and
(b) the Minister in charge of the department certifies that for reasons of national security it is necessary that the nature of the development should not be disclosed, except to the extent specified in the certificate,
the department shall give notice of development, but shall not be required to give any particulars of the nature of the development except to the extent specified in the certificate.
(5) An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 24(1)(a) of this Act if—
(a) an address for service has been given to them by such a person as is mentioned in section 24(1)(b) of this Act; and
(b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 23(4)(b) of this Act.
(6) A claim for compensation under section 23 of this Act in respect of the initiation of any development shall not have effect if made more than six months after the following date, that is to say—
(a) if the claim is made by a person to whom notice has been given under subsection (3) of this section, the date on which the notice was given;
(b) in any other case, the time the development is initiated.
(7) In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
The preceding provisions of this Part of this Act shall have effect subject to the provisions of the Third Schedule to this Act.
(1) The Secretary of State may by statutory instrument make regulations for prescribing the form of any notice required by this Part of this Act to be given in the prescribed form.
(2) Any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part of this Act—
“additional development”, in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say—
where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it;
where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest;
development for which planning permission was in force on the relevant date;
in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 14 to 16 of this Act) for the purpose of assessing compensation that planning permission would be granted; and
in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed;
“date of completion”, in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority;
“local authority” means—
a charging authority, a precepting authority, a combined police authority or a combined fire authority, as defined in section 144 of the [1988 c. 41.] Local Government Finance Act 1988;
a levying board within the meaning of section 74 of that Act;
a body as regards which section 75 of that Act applies;
any joint board or joint committee if all the constituent authorities are such authorities as are described in paragraphs (a) to (c); and
the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple;
and includes any internal drainage board under section 6 of the [1976 c. 70.] Land Drainage Act 1976;
“prescribed” means prescribed by regulations under this Part of this Act;
“the relevant date”, in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected.
(2) In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development—
(a) either unconditionally or subject to conditions; and
(b) either in respect of that land taken by itself or in respect of an area including that land.”
2 After Schedule 2 to that Act there is inserted—
1 Subject to paragraph 2 of this Schedule, any reference in section 23 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.
2 If the person entitled to the compensation under section 23 of this Act—
(a) was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but
(b) is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;
any reference in section 23 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.
3 In determining for the purposes of section 23 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—
(a) the compensation or the purchase price was or would have been reduced (whether by virtue of section 7 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but
(b) at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land,
the amount specified in section 23(2) and the principal amount or purchase price mentioned in section 23(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land.
4 Subject to the provisions of this Schedule relating to settled land, where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a mortgage, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the mortgage, was entitled to that interest, and not as a reference to the mortgagee.
5 For the purposes of the application of section 23 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a mortgage.
6 No compensation shall be payable by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a mortgagee (as distinct from an interest subject to a mortgage).
7 (1) Where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a settlement, and accordingly the compensation or purchase price was payable to the trustees of that settlement, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the settlement.
(2) Where sub-paragraph (1) of this paragraph applies, section 23(4) of this Act shall not apply.
(3) Any compensation paid to the trustees of the settlement by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the sale of the interest acquired or sold.
(4) In this paragraph “settlement” means a settlement within the meaning of the [1925 c. 18.] Settled Land Act 1925, or a trust for sale within the meaning of the [1925 c. 20.] Law of Property Act 1925.
8 References in this Schedule to sections 23 and 24 of this Act include references to those sections as applied by section 25 or 26 of this Act, and references to the time of any planning decision shall be construed accordingly.”
Section 70.
1 In section 5 of the [1961 c. 33.] Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.
2 After section 10 of the [1961 c. 33.] Land Compensation Act 1961 there is inserted—
Where, in consequence of any compulsory acquisition of land—
(a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and
(b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,
the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.”
3 In section 3 of the [1965 c. 56.] Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “or money’s worth”.
4 In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “by severing”.
5 (1) After section 20 of the [1973 c. 26.] Land Compensation Act 1973 there is inserted—
(1) The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which—
(a) is not a building;
(b) is occupied by a person as his only or main residence; and
(c) is affected or likely to be affected by noise caused by the construction or use of public works.
(2) Regulations under this section may—
(a) make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;
(b) specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and
(c) make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.
(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.”
(2) This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the [1973 c. 26.] Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.
6 (1) Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.
(2) For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—
“(a) in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired”.
(3) In subsection (2) (interests qualifying for compensation) for the words following “tenancy” there is substituted “where his interest is as tenant for a year or from year to year or a greater interest, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify”.
(4) After that subsection there is inserted—
“(2A) The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(5) At the end of subsection (3)(a) (meaning of displacement) there is added “or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority”.
(6) Subsection (6) is omitted.
7 At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the [1990 c. 8.] Town and Country Planning Act 1990).”
8 In section 6(4) of the [1981 c. 67.] Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land”.
9 In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative”.
10 (1) At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the [1981 c. 67.] Acquisition of Land Act 1981 (statutory undertakers' land excluded from compulsory purchase if objection made and no certificate given) there is added “and the representation is not withdrawn.”
(2) For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted—
“(2) Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.”
11 In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “an urban development corporation”.
12 (1) In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)—
(a) at the end of subsection (1)(a) there is inserted—
“(aa) that the land is being purchased in order to secure its preservation or improve its management”, and
(b) in subsection (2) after “shall” there is inserted “direct the acquiring authority to”,
(c) after that subsection there is inserted—
“(2A) Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.”, and
(d) at the end of subsection (3) there is added “except where the Secretary of State has given a certificate under subsection (1)(aa) above.”
(2) In paragraph 6 of Schedule 3 to that Act—
(a) after sub-paragraph (1)(a) there is inserted—
“(aa) that the right is being acquired in order to secure the preservation or improve the management of the land”, and
(b) in sub-paragraph (3) after “shall” there is inserted “direct the acquiring authority to”,
(c) after that sub-paragraph there is inserted—
“(3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct.”, and
(d) in sub-paragraph (4), after “mentioned, and” there is inserted “except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above.”
13 In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable”.
14 (1) In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted—
“16 Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.”
(2) In paragraph 18 of that Schedule for “trunk road or special road” there is substituted “highway”.
15 (1) In section 14(1) of the Land Compensation Act 1961 after “shall” there is inserted “(subject to subsection (3A) of this section)”.
(2) In section 14(3) of that Act, for the words from “but” to the end there is substituted—
“(3A) In determining—
(a) for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or
(b) whether any of the assumptions mentioned in section 16 of this Act (but not section 15) are applicable to the relevant land or any part thereof,
regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part III of this Act.”
16 In section 17 of that Act—
(a) for the words from the beginning of subsection (2) to “acquire it” there is substituted “If the authority proposing to acquire the interest”, and
(b) subsection (8) is omitted.
17 In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “by an authority possessing compulsory purchase powers”.
18 Section 22(3) of that Act is omitted.
19 In section 31 of the Compulsory Purchase Act 1965—
(a) after “but” there is inserted “in the case of land which is not diocesan glebe land”,
(b) for “to be applied” there is substituted “and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied”, and
(c) at the end of that section there is added— “In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the [1976 No. 4.] Endowments and Glebe Measure 1976.”
Planning and Compensation Act 1991