appendix 3
selected extracts from ENGLiSH statutes relating to compensation
Land
Compensation Act 1961
5 Rules for assessing compensation
Compensation in respect
of any compulsory acquisition shall be assessed in accordance with the
following rules:
(1) No allowance shall be made on account of the acquisition
being compulsory:
(2)The value of land shall, subject as hereinafter provided,
be taken to be the amount which the land if sold in the open market by a
willing seller might be expected to realise:
(3) The special suitability or adaptability of the land for
any purpose shall not be taken into account if that purpose is a purpose to
which it could be applied only in pursuance of statutory powers, or for which
there is no market apart from . . .
the requirements of any authority possessing compulsory purchase powers:
(4) Where the value of the land is increased by reason of
the use thereof or of any premises thereon in a manner which could be restrained
by any court, or is contrary to law, or is detrimental to the health of the
occupants of the premises or to the public health, the amount of that increase
shall not be taken into account:
(5) Where land is, and but for the compulsory acquisition would
continue to be, devoted to a purpose of such a nature that there is no general
demand or market for land for that purpose, the compensation may, if the Lands
Tribunal is satisfied that reinstatement in some other place is bona fide
intended, be assessed on the basis of the reasonable cost of equivalent
reinstatement:
(6) The provisions of rule (2) shall not affect the
assessment of compensation for disturbance or any other matter not directly
based on the value of land:
and the following provisions of this Part of this Act shall
have effect with respect to the assessment.
6 Disregard of actual or prospective development in certain cases
(1) Subject to section eight of this Act,
no account shall be taken of any increase or diminution in the value of the
relevant interest which, in the circumstances described in any of the
paragraphs in the first column of Part I of the First Schedule to this Act, is
attributable to the carrying out or the prospect of so much of the development
mentioned in relation thereto in the second column of that Part as would not
have been likely to be carried out if-
(a) (where the acquisition is for purposes
involving development of any of the land authorised to be acquired) the
acquiring authority had not acquired and did not propose to acquire any of the
land; and
(b) (where the circumstances are those
described in one or more of paragraphs 2 to4B
in the said first column) the area or areas referred to in that
paragraph or those paragraphs had not been defined or designated as therein
mentioned.
(2) The provisions of Part II of the
First Schedule to this Act shall have effect with regard to paragraph 3 and so
far as applicable paragraph 3A of Part I of that Schedule and the provisions of
Part III of that Schedule shall have effect with regard to paragraph 4A.
(3) In this section and in the First Schedule to
this Act-"the land authorised to be acquired"-
(a) in relation to a compulsory
acquisition authorised by a compulsory purchase order or a special enactment,
means the aggregate of the land comprised in that authorisation, and
(b) in relation to a compulsory acquisition not so authorised but
effected under powers exercisable by virtue of any enactment for defence
purposes, means the aggregate of the land comprised in the notice to treat and
of any land contiguous or adjacent thereto which is comprised in any other
notice to treat served under the like powers not more than one month before and
not more than one month after the date of service of that notice;
"defence purposes" has the same meaning as in the Land Powers
(Defence) Act 1958;
and any reference to development of any land shall be construed as
including a reference to the clearing of that land.
7 Effect of certain actual or prospective development of adjacent land in
same ownership
(1) Subject to section eight of
this Act, where, on the date of service of the notice to treat, the person
entitled to the relevant interest is also entitled in the same capacity to an
interest in other land contiguous or adjacent to the relevant land, there shall
be deducted from the amount of the compensation which would be payable apart
from this section the amount (if any) of such an increase in the value of the
interest in that other land as is mentioned in subsection (2) of this section.
(2) The said increase is such as, in the circumstances
described in any of the paragraphs in the first column of Part I of the First
Schedule to this Act, is attributable to the carrying out or the prospect of so
much of the relevant development as would not have been likely to be carried
out if the conditions mentioned in paragraphs (a) and (b) of subsection (1) of
section six of this Act had been satisfied; and the relevant development for
the purposes of this subsection is, in relation to the circumstances described
in any of the said paragraphs, that mentioned in relation thereto in the second
column of the said Part I, but modified, as respects the prospect of any
development, by the omission of the words "other than the relevant
land", wherever they occur.
8
Subsequent acquisition of adjacent land and acquisition governed by enactment
corresponding to s 7
[Not reproduced]
9
Disregard of depreciation due to prospect of acquisition by authority
possessing compulsory purchase powers
No account shall be taken of any depreciation of the value of
the relevant interest which is attributable to the fact that (whether by way of
. . . allocation of other particulars contained in the current development
plan, or by any other means) an indication had been given that the relevant
land is, or is likely, to be acquired by an authority possessing compulsory
purchase powers.
14 Assumptions as to planning permission
(1) For the purpose of assessing compensation
in respect of any compulsory acquisition, such one or more of the assumptions
mentioned in sections fifteen and sixteen of this Act as are applicable to the
relevant land or any part thereof shall [(subject to subsection (3A) of this
section)] be made in ascertaining the value of the relevant interest.
(2) Any planning permission which is to be
assumed in accordance with any of the provisions of those sections is in
addition to any planning permission which may be in force at the date of
service of the notice to treat.
(3) Nothing in those provisions shall be
construed as requiring it to be assumed that planning permission would
necessarily be refused for any development which is not development for which,
in accordance with those provisions, the granting of planning permission is to
be assumed.
[(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.]
(4) For the purposes of any reference in this
section, or in section fifteen of this Act, to planning permission which is in
force on the date of service of the notice to treat, it is immaterial whether
the planning permission in question was granted—
(a)
unconditionally or subject to conditions, or
(b)
in respect of the land in question taken by itself or in respect of an
area including that land, or
(c) on an ordinary application or on an
outline application or by virtue of a development order,
or
is planning permission which, in accordance with any direction or provision
given or made by or under any enactment, is deemed to have been granted.
[(5) If, in a case where—
(a)the
relevant land is to be acquired for use for or in connection with the
construction of a highway, or
(b)
the use of the relevant land for or in connection with the construction of a
highway is being considered by a highway authority, a determination mentioned in subsection (7) of this section falls
to be made, that determination shall be made on the following assumption.
(6)The
assumption is that, if the relevant land were not so used, no highway would be
constructed to meet the same or substantially the same need as the highway referred
to in paragraph (a) or (b) of subsection (5) of this section would have been
constructed to meet.
(7)The
determinations referred to in subsection (5) of this section are—
(a)a
determination, for the purpose of assessing compensation in respect of any
compulsory acquisition, whether planning permission might reasonably have been
expected to be granted for any development if no part of the relevant land were
proposed to be acquired by any authority possessing compulsory purchase powers,
and
(b)a
determination under section 17 of this Act as to the development for which, in
the opinion of the local planning authority, planning permission would or would
not have been granted if no part of the relevant land were proposed to be
acquired by any authority possessing compulsory purchase powers.
(8)The
references in subsections (5) and (6) of this section to the construction of a
highway include its alteration or improvement.]
15 Assumptions not directly derived from development plans
(1)
In a case where—
(a)the relevant interest is to be acquired
for purposes which involve the carrying out of proposals of the acquiring
authority for development of the relevant land or part thereof, and
(b)on the date of service of the notice to
treat there is not in force planning permission for that development,
it shall be assumed that planning
permission would be granted, in respect of the relevant land or that part
thereof, as the case may be, such as would permit development thereof in
accordance with the proposals of the acquiring authority.
(2) For the purposes of paragraph (b)
of the preceding subsection, no account shall be taken of any planning
permission so granted as not to enure (while the permission remains in force)
for the benefit of the land and of all persons for the time being interested
therein.
[(3)
Subject to subsection (4) of this
section, it shall be assumed that, in respect of the relevant land or any part
of it, planning permission would be granted—
(a)subject to the condition set out in Schedule 10 to the
Town and Country Planning Act
1990, for any development of a class specified in paragraph 1of Schedule 3 to that Act; and
(b) for any development of a class specified
in paragraph 2 of Schedule 3 to that
Act.]
(4) Notwithstanding anything in subsection (3)
of this section—
(a),
(b) [. . . ]
(c) where, at any time before the said date,
an order was made under section
twenty-six of the said Act of 1947, in respect of the relevant land or
any part thereof, requiring the
removal of any building or the discontinuance of any use, and compensation became payable in respect of that
order under section twenty-seven of
that Act, it shall not by virtue of the said subsection (3) be assumed that planning permission
would be granted, in respect of the relevant land or that part thereof, as
the case may be, for the rebuilding
of that building or the resumption of that use.
(5)
Where a certificate is issued under the provisions of Part III of this
Act, it shall be assumed that any planning permission which, according to the
certificate, [would have been] granted in respect of the relevant land or part
thereof, [if it were not proposed to be acquired by any authority possessing
compulsory purchase powers] would be so granted, but, where any conditions are,
in accordance with those provisions, specified in the certificate, only subject
to those conditions and, if any future time is so specified, only at that time.
16 Special assumptions in respect of certain land comprised in development
plans
(1) If the relevant land or any part thereof
(not being land subject to comprehensive development) consists or forms part of
a site defined in the current development plan as the site of proposed
development of a description specified in relation thereto in the plan, it
shall be assumed that planning permission would be granted for that
development.
(2) If the relevant land or any part thereof
(not being land subject to comprehensive development) consists or forms part of
an area shown in the current development plan as an area allocated primarily
for a use specified in the plan in relation to that area, it shall be assumed
that planning permission would be granted, in respect of the relevant land or
that part thereof, as the case may be, for any development which—
(a)
is development for the purposes of that use of the relevant land or that part
thereof, and
(b)is
development for which planning permission might reasonably have been expected
to be granted in respect of the relevant land or that part thereof, as the case
may be.
(3)
– (5) [Not reproduced]
(6) Where in accordance with any of the
preceding subsections it is to be assumed that planning permission would be
granted as therein mentioned—
(a)the
assumption shall be that planning permission would be so granted subject to
such conditions (if any) as, in the circumstances mentioned in the subsection
in question, might reasonably be expected to be imposed by the authority
granting the permission, and
(b)if,
in accordance with any map or statement comprised in the current development
plan, it is indicated that any such planning permission would be granted only
at a future time, then (without prejudice to the preceding paragraph) the
assumption shall be that the planning permission in question would be granted
at the time when, in accordance with the indications in the plan, that
permission might reasonably be expected to be granted.
(7) Any reference in this section to
development for which planning permission might reasonably have been expected
to be granted is a reference to development for which planning permission might
reasonably have been expected to be granted if no part of the relevant land
were proposed to be acquired by any authority possessing compulsory purchase
powers.
(8) In this section “land subject to
comprehensive development” means land which consists or forms part of an area
defined in the current development plan as an area of comprehensive
development.
Part III Certification by planning authorities of appropriate alternative
development
17 Certification of appropriate alternative development
[(1) Where an interest in land is proposed to be
acquired by an authority possessing compulsory purchase powers, either of the
parties directly concerned may, subject to subsection (2) of this section,
apply to the local planning authority for a certificate under this
section.]
(2) [If the authority proposing to acquire the
interest] have served a notice to treat in respect thereof, or an agreement has
been made for the sale thereof to that authority, and a reference has been made
to the Lands Tribunal to determine the amount of the compensation payable in
respect of that interest, no application for a certificate under this section
shall be made by either of the parties directly concerned after the date of
that reference except either—
(a)with
the consent in writing of the other of those parties, or
(b)
with the leave of the Lands Tribunal.
(3) An application for a certificate under this
section—
(a)shall
state whether or not there are, in the applicant’s opinion, any classes of
development which, either immediately or at a future time, would be appropriate
for the land in question if it were not proposed to be acquired by any
authority possessing compulsory purchase powers and, if so, shall specify the
classes of development and the times at which they would be so
appropriate;
(b)
shall state the applicant’s grounds for holding that opinion; and
(c)
shall be accompanied by a statement specifying the date on which a copy of the
application has been or will be served on the other party directly
concerned.
(4) Where an application is made to the local
planning authority for a certificate under this section in respect of an
interest in land, the local planning authority shall, not earlier than
twenty-one days after the date specified in the statement mentioned in
paragraph (c) of subsection (3) of this section, issue to the applicant a
certificate stating either of the following to be the opinion of the local planning
authority regarding the grant of planning permission in respect of the land in
question, if it were not proposed to be acquired by an authority possessing
compulsory purchase powers, that is to say—
[(a)
that planning permission would have been granted for development of one or more
classes specified in the certificate (whether specified in the application or
not) and for any development for which the land is to be acquired, but would
not have been granted for any other development; or
(b)
that planning permission would have been granted for any development for which
the land is to be acquired, but would not have been granted for any other
development,
and
for the purposes of this subsection development is development for which the
land is to be acquired if the land is to be acquired for purposes which involve
the carrying out of proposals of the acquiring authority for that
development.]
(5) Where, in the opinion of the local planning
authority, planning permission would have been granted as mentioned in
paragraph (a) of subsection (4) of this section, but would only have been
granted subject to conditions, or at a future time, or both subject to
conditions and at a future time, the certificate shall specify those
conditions, or that future time, or both, as the case may be, in addition to
the other matters required to be contained in the certificate.
(6) For the purposes of subsection (5) of this
section, a local planning authority may formulate general requirements
applicable to such classes of case as may be described therein; and any
conditions required to be specified in the certificate in accordance with that
subsection may, if it appears to the local planning authority to be convenient
to do so, be specified by reference to those requirements, subject to such
special modifications thereof (if any) as may be set out in the
certificate.
(7) In determining, for the purposes of the
issue of a certificate under this section, whether planning permission for any
particular class of development would have been granted in respect of any land,
the local planning authority shall not treat development of that class as
development for which planning permission would have been refused by reason
only that it would have involved development of the land in question (or of
that land together with other land) otherwise than in accordance with the
provisions of the development plan relating thereto.
(8) [. . .]
(9) On issuing to one of the parties directly
concerned a certificate under this section in respect of an interest in land,
the local planning authority shall serve a copy of the certificate on the other
of those parties.
[(9A) In assessing the compensation payable to
any person in respect of any compulsory acquisition, there shall be taken into
account any expenses reasonably incurred by him in connection with the issue of
a certificate under this section (including expenses incurred in connection
with an appeal under section 18 of this Act where any of the issues on the
appeal are determined in his favour).]
(10)
– (11) [Not reproduced]
18 Appeals against certificates under s 17
(1) Where the local planning authority have
issued a certificate under section seventeen of this Act in respect of an
interest in land,—
(a)
the person for the time being entitled to that interest, or
(b)
any authority possessing compulsory purchase powers by whom that interest is proposed to be acquired,
may
appeal to the Minister against that certificate.
(2) On any appeal under this section against a
certificate the Minister shall consider the matters to which the certificate
relates as if the application for a certificate under section seventeen of this
Act had been made to him in the first instance, and shall either confirm the certificate,
or vary it, or cancel it and issue a different certificate in its place, as he
may consider appropriate.
(3) Before determining any such appeal the
Minister shall, if any such person or authority as is mentioned in paragraph
(a) or paragraph (b) of subsection (1) of this section so desires, afford to
each such person or authority and to the local planning authority an
opportunity of appearing before and being heard by a person appointed by the
Minister for the purpose.
(4) Where an application is made for a
certificate under section seventeen of this Act, and at the expiry of the time
prescribed by a development order for the issue thereof (or, if an extended
period is at any time agreed upon in writing by the parties and the local planning
authority, at the end of that period) no certificate has been issued by the
local planning authority in accordance with that section, the preceding
provisions of this section shall apply as if the local planning authority had
issued such a certificate containing such a statement as is mentioned in
paragraph (b) of subsection (4) of that section.
(19)
– (20) [Not reproduced]
21 Proceedings for challenging validity of decision on appeal under s 18
(1) If any person aggrieved by a decision of
the Minister under section eighteen of this Act or the local planning authority
desires to question the validity of that decision on the ground that it is not
within the powers of this Act or that any of the requirements of this Act or of
a development order or of [the Tribunals and Inquiries Act 1992 (or any
enactment replaced thereby)], or rules made thereunder have not been complied
with in relation to it, that person or authority may, within six weeks from the
date of the decision, make an application to the High Court, and the High
Court—
(a)
may by interim order suspend the operation of the decision until
the determination of the
proceedings;
(b)
is satisfied that the decision is not within the powers of this Act or
that the interests of the applicant
have been substantially prejudiced by a failure to comply with the said requirements, may quash the
decision.
(2) Subject to subsection (1) of this section,
the validity of a decision on an appeal under section eighteen of this Act shall
not be questioned in any legal proceedings whatsoever.
(3) Nothing in this section shall affect the
exercise of any jurisdiction of any court in respect of any refusal or failure
on the part of the Minister to give a decision on an appeal under section
eighteen of this Act.
22 Interpretation of Part III
(1) In this Part of this Act “the parties
directly concerned”, in relation to an interest in land, means the person
entitled to the interest and the authority by whom it is proposed to be
acquired.
(2) For the purposes of sections seventeen and
eighteen of this Act, an interest in land shall be taken to be an interest
proposed to be acquired by an authority possessing compulsory purchase powers
in the following (but no other) circumstances, that is to say—
(a) where, for the purpose of a compulsory
acquisition by that authority of land consisting of or including land in which
that interest subsists, a notice required to be published or served in
connection with that acquisition, either by an Act or by any Standing Order of
either House of Parliament relating to petitions for private bills, has been
published or served in accordance with that Act or Order; or
(b)
where a notice requiring the purchase of that interest has been served under
any enactment, and in accordance with that enactment that authority are to be
deemed to have served a notice to treat in respect of that interest; or
(c)where
an offer in writing has been made by or on behalf of that authority to
negotiate for the purchase of that interest.
First Schedule
ACTUAL OR PROSPECTIVE
DEVELOPMENT RELEVANT FOR PURPOSES OF SECTIONS 6 & 7
PART I
DESCRIPTION OF DEVELOPMENT
|
Case
|
Development
|
|
1. Where the acquisition is
for purposes involving development of any of the land authorised to be
acquired.
|
Development of any of the
land authorised to be acquired, other than the relevant land, being
development for any of the purposes for which any part of the first-mentioned
land (including any part of the relevant land) is to be acquired.
|
2. Where any of the
relevant land forms part of an area defined in the current development plan
as an area of comprehensive development.
|
Development of any land in
that area, other than the relevant land, in the course of the development or
redevelopment of the area in accordance with the plan.
|
|
3. Where on the date of
service of the notice to treat any of the relevant land forms part of an area
designated as the site of a new town by an order under the New Towns Act 1965 .
|
Development of any land in
that area, other than the relevant land, in the course of the development of
that area as a new town.
|
|
3A. Where on the date of
service of notice to treat any of the relevant land forms part of an area
designated as an extension of the site of a new town by an order under the
New Towns Act 1965 becoming operative after the date of the commencement of
New Towns Act 1966.
|
Development of any land
included in that area, other than the relevant land, in the course of the
development of that area as part of a new town.
|
|
4. Where any of the
relevant land forms part of an area defined in the current development plan
as an area of town development.
|
Development of any land in
that area, other than the relevant land, in the course of town development
within the meaning of the Town Development Act 1952.
|
|
4A. Where any of the
relevant land forms part of an area designated as an urban development area
by an order under section 134 of the Local Government, Planning and Land Act
1980.
|
Development of any land
other than the relevant land, in the course of the development or
redevelopment of that area as an urban development area.
|
|
4B. Where any of the relevant land forms part of a
housing action trust area established under Part III of the Housing Act 1988.
|
Development of any land other than the relevant
land in the course of the development or re-development of the area as a
housing action trust area.
|
[Part
II and III of the First Schedule contain special provisions, respectively, for
New Towns and Urban Development Areas]
Compulsory
Purchase Act 1965
7 Measure of compensation in case of severance
In assessing
the compensation to be paid by the acquiring authority under this Act regard
shall be had not only to the value of the land to be purchased by the acquiring
authority, but also to the damage, if any, to be sustained by the owner of the
land by reason of the severing of the land purchased from the other land of the
owner, or otherwise injuriously affecting that other land by the exercise of
the powers conferred by this or the special Act.
(1) If any person claims compensation in
respect of any land, or any interest in land, which has been taken for or
injuriously affected by the execution of the works, and for which the acquiring
authority have not made satisfaction under the provisions of this Act, or of
the special Act, any dispute arising in relation to the compensation shall be
referred to and determined by the Lands Tribunal.
(2) This
section shall be construed as affording in all cases a right to compensation
for injurious affection to land which is the same as the right which section 68
of the Lands Clauses Consolidation Act 1845 has been construed as affording in
cases where the amount claimed exceeds fifty pounds.
(3) Where
this Part of this Act applies by virtue of [Part IX of the Town and Country
Planning Act 1990] reference in this section to the acquiring authority shall
be construed in accordance with [section 245(4)(b) of that Act].
(1) If any of the land subject to compulsory
purchase is in the possession of a person having no greater interest in the
land than as tenant for a year or from year to year, and if that person is
required to give up possession of any land so occupied by him before the
expiration of his term or interest in the land, he shall be entitled to
compensation for the value of his unexpired term or interest in the land, and
for any just allowance which ought to be made to him by an incoming tenant, and
for any loss or injury he may sustain.
(2) If a part only of such land is required, he
shall also be entitled to compensation for the damage done to him [by severing]
land held by him or otherwise injuriously affecting it.
(3) – (6)
[Not reproduced]
(1) Where the value of an interest in land is
depreciated by physical factors caused by the use of public works, then,
if—
(a)the
interest qualifies for compensation under this Part of this Act; and
(b)the person
entitled to the interest makes a claim [after the time provided] by and
otherwise in accordance with this Part of this Act,
compensation
for that depreciation shall, subject to the provisions of this Part of this
Act, be payable by the responsible authority to the person making the claim
(hereafter referred to as “the claimant”).
(2) The physical factors mentioned in
subsection (1) above are noise, vibration, smell, fumes, smoke and artificial
lighting and the discharge on to the land in respect of which the claim is made
of any solid or liquid substance.
(3) The public works mentioned in subsection
(1) above are—
(a)any
highway;
(b)any
aerodrome; and
(c)any works
or land (not being a highway or aerodrome) provided or used in the exercise of
statutory powers.
(4) The responsible authority mentioned in
subsection (1) above is, in relation to a highway, the appropriate highway
authority and, in relation to other public works, the person managing those
works.
(5) Physical factors caused by an aircraft
arriving at or departing from an aerodrome shall be treated as caused by the
use of the aerodrome whether or not the aircraft is within the boundaries of
the aerodrome; but, save as aforesaid, the source of the physical factors must
be situated on or in the public works the use of which is alleged to be their
cause.
(6) Compensation shall not be payable under
this Part of this Act in respect of the physical factors caused by the use of
any public works other than a highway unless immunity from actions for nuisance
in respect of that use is conferred (whether expressly or by implication) by an
enactment relating to those works or, in the case of an aerodrome and physical
factors caused by aircraft, the aerodrome is one to which [section 77(2) of the
Civil Aviation Act 1982] (immunity from actions for nuisance) for the time
being applies.
(7) Compensation shall not be payable under
this Part of this Act in respect of physical factors caused by accidents
involving vehicles on a highway or accidents involving aircraft.
(8) Compensation shall not be payable under
this Part of this Act on any claim unless the relevant date in relation to the
claim falls on or after 17th October 1969.
(9) Subject to section 9 below, “the relevant
date” in this Part of this Act means—
(a)in
relation to a claim in respect of a highway, the date on which it was first
open to public traffic;
(b)in
relation to a claim in respect of other public works, the date on which they
were first used after completion.
(1) An interest qualifies for compensation
under this Part of this Act if it was acquired by the claimant before the
relevant date in relation to the claim and the requirements of subsection (2)
or, as the case may be, subsection (3) below are satisfied on the date on which
notice of the claim for compensation in respect of that interest is
served.
(2) If and so far as the interest is in land
which is a dwelling, the said requirements are—
(a)that the
interest is an owner’s interest; and
(b)where the
interest carries the right to occupy the land, that the land is occupied by the
claimant in right of that interest as his residence.
(3) If and so far as the interest is not in
such land as aforesaid, the said requirements are—
(a) that the
interest is that of an owner-occupier; and
(b) that the
land is or forms part of either—
(i)a
hereditament the annual value of which does not exceed the prescribed amount;
or
(ii) an
agricultural unit.
(4) In this section “owner’s interest” in
relation to any land, means the legal fee simple therein or a tenancy thereof
granted or extended for a term of years certain of which, on the date of
service of the notice of claim in respect thereof, not less than three years
remain unexpired.
(5) In this section “owner-occupier”, in
relation to land in a hereditament, means a person who occupies the whole or a
substantial part of the land in right of an owner’s interest therein and, in
relation to land in an agricultural unit, means a person who occupies the whole
of that unit and is entitled, while so occupying it, to an owner’s interest in
the whole or any part of that land.
(6) In this section “the prescribed amount”
means the amount for the time being prescribed for the purposes of [section
149(3)(a) of the Town and Country Planning Act 1990] (interests qualifying for
protection under planning blight provisions) and “annual value” and
“hereditament” have the meanings given in [section 171] of that Act taking
references to the date of service of a notice under [section 150] of that Act
as references to the date on which notice of the claim is served.
(7) This section has effect subject to sections
10(4), 11 and 12 below.
(8) . . .
(1) A claim under this Part of this Act shall
be made by serving on the responsible authority a notice containing particulars
of—
(a)the land
in respect of which the claim is made;
(b)the
claimant’s interest and the date on which, and the manner in which, it was
acquired;
(c) the
claimant’s occupation of the land (except where the interest qualifies for
compensation without occupation);
(d)any other
interests in the land so far as known to the claimant;
(e) the
public works to which the claim relates;
(f) the
amount of compensation claimed;
(g)any land
contiguous or adjacent to the land in respect of which the claim is made, being
land to which the claimant was entitled in the same capacity (within the
meaning of section 6 below) on the relevant date.
(2) Subject to the provisions of this section
and of sections 12 and 14 below, no claim shall be made [before the expiration
of twelve months from the relevant date; and the day next following the
expiration of the said twelve months is in this Part of this Act referred to as
“the first claim day”.]
(3) Subsection (2) above shall not preclude the
making of a claim in respect of an interest in land before [the first claim
day] if—
(a)the
claimant has during the said twelve months made a contract for disposing of
that interest or (in so far as the interest is in land which is not a dwelling)
for the grant of a tenancy of that land; and
(b)the claim
is made before the interest is disposed of or the tenancy is granted;
but
compensation shall not be payable before [the first claim day] on any claim
made by virtue of this subsection.
(4) Where notice of a claim has been served on
a responsible authority, any person authorised by that authority may, on giving
reasonable notice, enter the land to which the claim relates for the purpose of
surveying it and ascertaining its value in connection with the claim; and any
person who wilfully obstructs a person in the exercise of the powers conferred
by this subsection shall be guilty of an offence and liable on summary
conviction to a fine not exceeding [level 1 on the standard scale].
(5) Where compensation is payable by a
responsible authority on a claim there shall be payable by the authority, in
addition to the compensation, any reasonable valuation or legal expenses
incurred by the claimant for the purposes of the preparation and prosecution of
the claim; but this subsection is without prejudice to the power of the Lands
Tribunal . . . in respect of the costs . . . of proceedings before the Tribunal
by virtue of section 16 below.
(1) The compensation payable on any claim shall
be assessed by reference to prices current on [the first claim day].
(2) In assessing depreciation due to the
physical factors caused by the use of any public works, account shall be taken
of the use of those works as it exists on [the first claim day] and of any
intensification that may then be reasonably expected of the use of those works
in the state in which they are on that date.
(3) In assessing the extent of the depreciation
there shall be taken into account the benefit of any relevant works—
(a)which have
been carried out, or in respect of which a grant has been paid, under section
20 below, section 15 of the Airports Authority Act 1965 [section 29A of the
Civil Aviation Act 1971] [, section 79 of the Civil Aviation Act 1982] or any
corresponding local enactment [or under any provision of a scheme operated by a
person managing an aerodrome which provides for the payment of sound-proofing
grants in respect of buildings near the aerodrome];
(b)which have
been carried out under section 23 or 27 below;
and it shall
be assumed that any relevant works which could be or could have been carried
out, or in respect of which a grant could be or could have been paid, under any
of the provisions mentioned in paragraph (a) above have been carried out but,
in a case where the authority having functions under that provision have a
discretion whether or not to carry out the works or pay the grant, only if they
have undertaken to do so.
[In paragraph
(a) above “sound-proofing grants”, in relation to any buildings, means grants
towards the cost of insulating those buildings or parts of those buildings
against noise.]
(4) The value of the interest in respect of
which the claim is made shall be assessed—
(a) subject
to subsection (5) below, by reference to the nature of the interest and the
condition of the land as it subsisted on the date of service of notice of the
claim;
(b)subject to
section 5 below, in accordance with rules (2) to (4) of the rules set out in
section 5 of the Land Compensation Act 1961;
(c)if the
interest is subject to a mortgage or to a contract of sale or to a contract
made after the relevant date for the grant of a tenancy, as if it were not
subject to the mortgage or contract.
(5) In assessing the value of the interest in
respect of which the claim is made there shall be left out of account any part
of that value which is attributable to—
(a)any
building, or improvement or extension of a building, on the land if the
building or, as the case may be, the building as improved or extended, was
first occupied after the relevant date; and
(b) any
change in the use of the land made after that date.
(6)
. . .
(1) The following assumptions shall be made in
assessing the value of the interest in respect of which the claim is made.
[(2) Subject to subsection (3) below, it shall
be assumed that, in respect of the land in which the interest subsists (“the
relevant land”) or any part of it, planning permission would be granted—
(a)subject to
the condition set out in Schedule 10 to the Town and Country Planning Act 1990,
for any development of a class specified in paragraph 1 of Schedule 3 to that
Act; and
(b)for any
development of a class specified in paragraph 2 of Schedule 3 to that
Act.]
(3) Notwithstanding subsection (2) above—
(a), (b) . . .
(c)where an
order has been made under [section 102 of or paragraph 1 of Schedule 9 to the
said Act of 1990], in respect of the relevant land or any part thereof,
requiring the removal of any building or the discontinuance of any use, and
compensation has become payable in respect of that order under [section 115] of
that Act, it shall not by virtue of the said subsection (2) be assumed that
planning permission would be granted, in respect of the relevant land or any
part thereof, as the case may be, for the rebuilding of that building or the
resumption of that use.
(4) It shall be assumed that planning
permission would not be granted in respect of the relevant land or any part
thereof for any development other than such development as is mentioned in
subsection (2) above; and, if planning permission has been granted in respect of
the relevant land or any part thereof for such other development, it shall be
assumed that the planning permission has not been granted in so far as it
relates to development that has not been carried out.
(5) In this section any expression which is also
used in [the said Act of 1990] has the same meaning as in that Act and
references to any provision of that Act include references to any corresponding
provision previously in force.
(6) . . .
(1) The compensation payable on a claim shall
be reduced by an amount equal to any increase in the value of—
(a)the
claimant’s interest in the land in respect of which the claim is made; and
(b)any
interest in other land contiguous or adjacent to the land mentioned in
paragraph (a) above to which the claimant was entitled in the same capacity on
the relevant date,
which is
attributable to the existence of or the use or prospective use of the public
works to which the claim relates.
(2) Sections 4 and 5 above shall not apply to
the assessment, for the purposes of subsection (1) above, of the value of the
interest mentioned in paragraph (a) of that subsection.
(3) Where, for the purpose of assessing
compensation on a claim in respect of any interest in land, an increase in the
value of an interest in other land has been taken into account under subsection
(1) above, then, in connection with any subsequent acquisition to which this
subsection applies, that increase shall not be left out of account by virtue of
section 6 of the Land Compensation Act 1961 or taken into account by virtue of
section 7 of that Act or any corresponding enactment, in so far as it was taken
into account in connection with that claim.
(4) Subsection (3) above applies to any
subsequent acquisition, not being an acquisition of the land in respect of
which the claim is made, where either—
(a)the
interest acquired by the subsequent acquisition is the same as the interest
previously taken into account (whether the acquisition extends to the whole of
the land in which that interest previously subsisted or only to part of that
land); or
(b)the person
entitled to the interest acquired is, or directly or indirectly derives title
to that interest from, the person who at the time of the claim mentioned in
that subsection was entitled to the interest previously taken into
account;
and in this
subsection “the interest previously taken into account” means the interest the
increased value of which was taken into account as mentioned in the said
subsection (3).
(5) For the purposes of this section a person
entitled to two interests in land shall be taken to be entitled to them in the
same capacity if, but only if, he is entitled—
(a)to both of
them beneficially; or
(b)to both of
them as trustee of one particular trust; or
(c)to both of
them as personal representative of one particular person;
and in this
section references to a person deriving title from another person include
references to any successor in title of that other person.
(6) In subsection (3) above “corresponding
enactment” has the same meaning as in section 8 of the said Act of 1961.
(7) . . .
Compensation
shall not be payable on any claim unless the amount of the compensation exceeds
£50.
(1) Where a claim has been made in respect of
depreciation of the value of an interest in land caused by the use of any
public works and compensation has been paid or is payable on that claim,
compensation shall not be payable on any subsequent claim in relation to the
same works and the same land or any part thereof (whether in respect of the
same or a different interest) except that, in the case of land which is a
dwelling, this subsection shall not preclude the payment of compensation both
on a claim in respect of the fee simple and on a claim in respect of a
tenancy.
(2) Where a person is entitled to compensation
in respect of the acquisition of an interest in land by an authority possessing
compulsory purchase powers, or would be so entitled if the acquisition were
compulsory, and—
(a)the land
is acquired for the purposes of any public works; and
(b) that
person retains land which, in relation to the land acquired, constitutes other
land or lands within the meaning of section 63 of the Lands Clauses
Consolidation Act 1845 or section 7 of the Compulsory Purchase Act 1965
(compensation for acquisition to include compensation for injurious affection
of other land retained),
then, whether
or not any sum is paid or payable in respect of injurious affection of the land
retained, compensation shall not be payable under this Part of this Act on any
claim in relation to those works made after the date of service of the notice
to treat (or, if the acquisition is by agreement, the date of the agreement) in
respect of any interest in the land retained.
(3) Subsection (2) above applies whether the
acquisition is before, on or after the date on which this Part of this Act
comes into force (hereafter referred to as “the commencement date”) and, where
it is on or after that date, the public works for the purposes of which the
land is acquired shall be taken to be those specified in the relevant
particulars registered under subsection (4) below.
(4) Where on or after the commencement date an
authority possessing compulsory purchase powers acquires land for the purposes
of any public works and the person from whom the land is acquired retains land
which, in relation to the land acquired, constitutes other land or lands within
the meaning of the sections mentioned in subsection (2) above, the authority
shall deposit particulars of the land retained and the nature and extent of
those works with the council of the district or London borough [or Welsh county
or county borough] in which the land retained is situated; . . .
[(4A) Any particulars deposited pursuant to
subsection (4) above shall be a local land charge and for the purposes of the
Local Land Charges Act 1975 the council with whom any such particulars are
deposited shall be treated as the originating authority as respects the charge
thereby constituted.]
(5) In a case in which compensation for
injurious affection fell or falls to be assessed otherwise than in accordance
with section 44 below, subsection (2) above shall not preclude the payment of
compensation under this Part of this Act in respect of depreciation by public
works so far as situated elsewhere than on the land acquired.
(6) Where after a claim has been made in respect
of any interest in land the whole or part of the land in which that interest
subsists is compulsorily acquired, then, if—
(a)the value
of that land has been diminished by the public works to which the claim
relates; but
(b)the
compensation in respect of the compulsory acquisition falls to be assessed
without regard to the diminution,
the
compensation in respect of the acquisition shall be reduced by an amount equal
to the compensation paid or payable on the claim or, if the acquisition extends
only to part of the land, to so much of the last-mentioned compensation as is
attributable to that part.
(7) Without prejudice to the foregoing
provisions of this section, compensation shall not be payable in respect of the
same depreciation both under this Part of this Act and under any other
enactment.
(8) . . .
(1) This section has effect where, whether
before, on or after the commencement date—
(a)the
carriageway of a highway has been altered after the highway has been open to
public traffic;
(b)any public
works other than a highway have been reconstructed, extended or otherwise
altered after they have been first used; or
(c) there has
been a change of use in respect of any public works other than a highway or
aerodrome.
(2) If and so far as a claim in respect of the
highway or other public works relates to depreciation that would not have been
caused but for the alterations or change of use, this Part of this Act shall,
subject to subsection (3) below, have effect in relation to the claim as if the
relevant date (instead of being the date specified in section 1(9) above)
were—
(a)the date
on which the highway was first open to public traffic after completion of the
alterations to the carriageway;
(b)the date
on which the other public works were first used after completion of the
alterations; or
(c) the date
of the change of use,
as the case
may be.
(3) Subsection (2) above shall not by virtue of
any alterations to an aerodrome apply to a claim in respect of physical factors
caused by aircraft unless the alterations are runway or apron alterations.
(4) Where a claim relates to such depreciation
as is mentioned in subsection (2) above the notice of claim shall specify, in addition
to the matters mentioned in section 3 above, the alterations or change of use
alleged to give rise to the depreciation; and if and so far as the claim
relates to such depreciation—
(a)section 6
above shall have effect as if the increase in value to be taken into account
were any increase that it would not have been caused but for the alterations or
change of use in question,
(b)subsection
(1) of section 8 above shall not preclude the payment of compensation unless
the previous claim was in respect of depreciation that would not have been
caused but for the same alterations or change of use, and subsection (2) of
that section shall not preclude the payment of compensation unless the works
for which the land was acquired were works resulting from the alterations, or
works used for the purpose, to which the claim relates.
(5) For the purposes of this section the
carriageway of a highway is altered if, and only if—
(a)the
location, width or level of the carriageway is altered (otherwise than by re-surfacing);
or
(b) an
additional carriageway is provided for the highway beside, above or below an
existing one;
and the
reference in subsection (2) above to depreciation that would not have been
caused but for alterations to the carriageway of a highway is a reference to
such depreciation by physical factors which are caused by the use of, and the
source of which is situated on, the length of carriageway which has been
altered as mentioned in paragraph (a) above or, as the case may be, the additional
carriageway and the corresponding length of the existing one mentioned in
paragraph (b) above.
(6) In this section “runway or apron
alterations” means—
(a)the
construction of a new runway, the major re-alignment of an existing runway or
the extension or strengthening of an existing runway; or
(b)a
substantial addition to, or alteration of, a taxiway or apron, being an
addition or alteration whose purpose or main purpose is the provision of
facilities for a greater number of aircraft.
(7) For the avoidance of doubt it is hereby
declared that references in this section to a change of use do not include
references to the intensification of an existing use.
(1) Where an interest is subject to a mortgage—
(a)a claim
may be made by any mortgagee of the interest as if he were the person entitled
to that interest but without prejudice to the making of a claim by that
person;
(b)no
compensation shall be payable in respect of the interest of the mortgagee (as
distinct from the interest which is subject to the mortgage);
(c) any
compensation which is payable in respect of the interest which is subject to
the mortgage shall be paid to the mortgagee or, if there is more than one
mortgagee, to the first mortgagee and shall in either case be applied by him as
if it were proceeds of sale.
(2) Where the interest is [subject to a trust
of land] the compensation shall be dealt with as if it were proceeds of sale
arising under the trust.
(3) Where the interest is settled land for the
purposes of the Settled Land Act 1925 the compensation shall be treated as
capital money arising under that Act.
(4) Where an interest in land is vested in
trustees (other than a sole tenant for life within the meaning of the Settled
Land Act 1925) and a person beneficially entitled (whether directly or
derivatively) under the trusts is entitled or permitted by reason of his
interest to occupy the land, section 2 above shall have effect as if occupation
by that person were occupation by the trustees in right of the interest vested
in them.
(5)
. . .
(1) So much of section 2(1) above as requires
an interest qualifying for compensation under this Part of this Act to have
been acquired by the claimant before the relevant date shall not apply to any
interest acquired by him by inheritance from a person who acquired that
interest, or a greater interest out of which it is derived, before the relevant
date.
(2) For the purposes of this section an
interest is acquired by a person by inheritance if it devolves on him by virtue
only of testamentary dispositions taking effect on, or the law of intestate
succession or the right of survivorship between joint tenants as applied to,
the death of another person or the successive deaths of two or more other
persons.
(3) For the purposes of subsection (2) above a
person who acquires an interest by appropriation of it in or towards
satisfaction of any legacy, share in residue or other share in the estate of a
deceased person shall be treated as a person on whom the interest devolves by
direct bequest.
(4) Where an interest is settled land for the
purposes of the Settled Land Act 1925 and on the death of a tenant for life
within the meaning of that Act a person becomes entitled to the interest in
accordance with the settlement, or by any appropriation by the personal
representatives in respect of the settled land, subsection (2) above shall
apply as if the interest had belonged to the tenant for life absolutely and the
trusts of the settlement taking effect after his death had been trusts of his
will.
(5) Subsection (4) above shall apply, with any
necessary modifications, where a person becomes entitled to an interest on the
termination of a settlement as it would apply if he had become entitled in
accordance with the terms of the settlement.
(6) . . .
[Not
reproduced]
[Not
reproduced]
[Not
reproduced]
(1) The responsible authority in relation to a
highway or other public works shall keep a record and, on demand, furnish a
statement in writing of—
(a) the date
on which the highway was first open to public traffic, or was first open to
public traffic after completion of any particular alterations to the
carriageway of the highway;
(b) the date
on which the public works were first used after completion, or were first used
after completion of any particular alterations to those works;
(c)in the
case of public works other than a highway or aerodrome, the date on which there
was a change of use in respect of the public works.
(2) A certificate by the Secretary of State
stating that runway or apron alterations have or have not been carried out at
an aerodrome and the date on which an aerodrome at which any such alterations
have been carried out was first used after completion of the alterations shall
be conclusive evidence of the facts stated.
(3) In this section references to alterations
to the carriageway of a highway, to runway or apron alterations and to a change
of use shall be construed in the same way as in section 9 above; and subsection
(1) above shall not apply unless the date in question falls on or after the
commencement date.
(1) Any question of disputed compensation under
this Part of this Act shall be referred to and determined by the Lands Tribunal
. . .
(2) No such question arising out of a claim
made before [the first claim day] shall be referred to [the Tribunal] before
the beginning of [that day].
Where, in
resisting a claim under this Part of this Act, a responsible authority contend
that no enactment relating to the works in question confers immunity from
actions for nuisance in respect of the use to which the claim relates, then
if—
(a)compensation
is not paid on the claim; and
(b)an action
for nuisance in respect of the matters which were the subject of the claim is
subsequently brought by the claimant against the authority,
no enactment
relating to those works, being an enactment in force when the contention was
made, shall afford a defence to that action in so far as it relates to those matters.
1) Compensation under this Part of this Act
shall carry interest, at the rate for the time being prescribed under section
32 of the Land Compensation Act 1961, from—
(a) the date
of service of the notice of claim; or
(b)if that
date is before [the first claim day], from the beginning of the claim
period,
until
payment.
(2) . . .
(1) In this Part of this Act—
“the
appropriate highway authority” means—
(a)except
where paragraph (b) below applies, the highway authority who constructed the
highway to which the claim relates [or any other authority to which the
functions of that authority in relation to that highway are transferred by
virtue of the Local Government Act 1985] [or the Local Government (Wales) Act
1994];
(b)if and so
far as the claim relates to depreciation that would not have been caused but
for alterations to the carriageway of a highway, the highway authority who
carried out the alterations [or any other authority to which the functions of
that authority in relation to that highway are transferred by virtue of [either
of those Acts]];
“claim” means
a claim under this Part of this Act and “the claimant” means the person making
such a claim;
. . .
“commencement
date” means the date on which this Part of this Act comes into force;
[“the first
claim day” has the meaning given in section 3(2) above;]
“highway”
includes part of a highway and . . . means a highway or part of a highway
maintainable at the public expense as defined in [section 329(1) of the
Highways Act 1980] . . .
. . .
“public
works” and “responsible authority” have the meaning given in section 1
above;
“the relevant date” has the meaning given in
sections 1(9) and 9(2) above.
(2) For the purposes of sections 2(1), 11(1)
and 14(2) above an interest acquired or disposed of, or a tenancy granted,
pursuant to a contract shall be treated as acquired, disposed of or granted
when the contract was made.
[(2A) For the purposes of the Limitation Act
1939, a person’s right of action to recover compensation under this Part of
this Act shall be deemed to have accrued on the first claim day.]
(3) In the application of this Part of this Act
to a highway which has not always since 17th October 1969 been a highway
maintainable at the public expense as defined above—
(a)references
to its being open to public traffic shall be construed as references to its
being so open whether or not as a highway so maintainable;
(b)for
references to the highway authority who constructed it there shall be
substituted references to the highway authority for the highway;
and no claim
shall be made if the relevant date falls at a time when the highway was not so
maintainable and the highway does not become so maintainable within three years
of that date . . .
(4) . . .
(1) This section applies to the assessment of
compensation in respect of the compulsory acquisition of an interest in a
dwelling which—
(a)
has been constructed or substantially modified to meet the special needs
of a disabled person; and
(b)
is occupied by such a person as his residence immediately before the
date when the acquiring authority
take possession of the dwelling or was last so occupied before that date.
(2) The compensation shall, if the person whose
interest is acquired so elects, be assessed as if the dwelling were land which
is devoted to a purpose of such a nature that there is no general demand or
market for land for that purpose.
(1) Where a person is carrying on a trade or
business on any land and, in consequence of the compulsory acquisition of the
whole of that land, is required to give up possession thereof to the acquiring
authority then if—
(a)
on the date on which he gives up possession as aforesaid he has attained
the age of sixty; and
(b)
on that date the land is or forms part of a hereditament the annual
value of which does not exceed
the prescribed amount; and
(c)
that person has not disposed of the goodwill of the whole of the trade
or business and gives to the
acquiring authority the undertakings mentioned in subsection (3) below,
the
compensation payable to that person in respect of the compulsory acquisition of
his interest in the land or, as the case may be, under section 121 of the Lands
Clauses Consolidation Act 1845 or section 20 of the Compulsory Purchase Act
1965 (tenants from year to year etc) shall, so far as attributable to
disturbance, be assessed on the assumption that it is not reasonably
practicable for that person to carry on the trade or business or, as the case
may be, the part thereof the goodwill of which he has retained, elsewhere than
on that land.
(2) In subsection (1) above “the prescribed
amount” means the amount which on the date mentioned in that subsection is the
amount prescribed for the purposes of [section 149(3)(a) of the Town and
Country Planning Act 1990] (interests qualifying for protection under planning
blight provisions) and “annual value” and “hereditament” have the meaning given
in [section 171] of the Act taking references to the date of service of a
notice under [section 150] of that Act as references to the date mentioned in
subsection (1) above.
(3)
The undertakings to be given by the person claiming compensation
are—
(a)
an undertaking that he will not dispose of the goodwill of the trade
or business, or, as the case may
be, of the part thereof the goodwill of which he has retained; and
(b)
an undertaking that he will not, within such area and for such time as
the acquiring authority may
require, directly or indirectly engage in or have any interest in any other trade or business of the same or
substantially the same kind as
that carried on by him on the land acquired.
(4) If an undertaking given by a person for the
purposes of this section is broken the acquiring authority may recover from him
an amount equal to the difference between the compensation paid and the
compensation that would have been payable if it had been assessed without
regard to the provision of this section.
(5) This section shall apply to a trade or
business carried on by two or more persons in partnership as if references to
the person by whom it is carried on were references to all the partners and as
if the undertakings mentioned in subsection (3) above were required to be given
by all the partners.
(6) This section shall apply to a trade or
business carried on by a company—
(a)
as if subsection(1)(a) above required—
(i)
each shareholder, other than a minority shareholder, to be an
individual who has attained the
age of sixty on the date there mentioned; and
(ii)
each minority shareholder to be an individual who either has attained that age on that date or is the spouse of a
shareholder who has attained that age
on that date; and
(b)
as if the undertakings mentioned in subsection (3)(b) above were
required to be given both by the
company and by each shareholder.
In this
subsection “shareholder” means a person who is beneficially entitled to a share
or shares in the company carrying voting rights and “minority shareholder”
means a person who is so entitled to less than 50 per cent, of those shares.
(7) This section shall apply in relation to any
disturbance payment assessed in accordance with section 38(1)(b) above as it
applies in relation to the compensation mentioned in subsection (1) above, and
shall so apply subject to the necessary modifications and as if references to
the giving up of possession of land to the acquiring authority in consequence
of its compulsory acquisition were references to displacement as mentioned in
section 37 above.
(8) . . .
(1)
The amount of compensation payable in respect of the compulsory
acquisition of an interest in land shall not be subject to any reduction on
account of the fact that the acquiring authority have provided, or undertake to
provide or arrange for the provision of, or another authority will provide,
residential accommodation under any enactment for the person entitled to the
compensation.
(2) In assessing the compensation payable in
respect of the compulsory acquisition of an interest in land which on the date
of service of the notice to treat is subject to a tenancy, there shall be left
out of account any part of the value of that interest which is attributable to,
or to the prospect of, the tenant giving up possession after that date in
consequence of being provided with other accommodation by virtue of section
39(1)(a) above; and for the purpose of determining the date of reference to
which that compensation is to be assessed the acquiring authority shall be
deemed, where the tenant gives up possession as aforesaid, to have taken
possession on the date on which it is given up by the tenant.
(3) Subsection (1) above shall apply in
relation to any payment to which a person is entitled under Part III of this
Act as it applies in relation to the compensation mentioned in that subsection
taking references to the acquiring authority as references to the authority
responsible for making that payment.
(4) Subsection (2) above shall apply in
relation to a case where a notice to treat is deemed to have been served by
virtue of [Part III of the Compulsory Purchase (Vesting Declarations) Act 1981]
. . . (general vesting declarations) as it applies in relation to a case where
a notice to treat is actually served.
(1) Where an acquiring authority have taken
possession of any land the authority shall, if a request in that behalf is made
in accordance with subsection (2) below, make an advance payment on account of
any compensation payable by them for the compulsory acquisition of any interest
in that land.
(2) Any request under this section shall be made
by the person entitled to the compensation (hereafter referred to as “the
claimant”), shall be in writing, shall give particulars of the claimant’s
interest in the land (so far as not already given pursuant to a notice to
treat) and shall be accompanied or supplemented by such other particulars as
the acquiring authority may reasonably require to enable them to estimate the
amount of the compensation in respect of which the advance payment is to be
made.
(3) Subject to subsection (6) below, the amount
of any advance payment under this section shall be equal to 90 per cent. of the
following amount, that is to say—
(a)
if the acquiring authority and the claimant have agreed on the amount of
the compensation, the agreed amount;
(b)
in any other case, an amount equal to the compensation as estimated by
the acquiring authority.
(4) Any advance
payment under this section shall be made not later than three months after the
date on which a request for the payment is made in accordance with subsection
(2) above or, if those three months end before the date on which the acquiring
authority take possession of the land to which the compensation relates, on the
date on which they take possession as aforesaid.
[(4A) Where, at any time after an advance payment
has been made on the basis of the acquiring authority’s estimate of the
compensation, it appears to the acquiring authority that their estimate was too
low, they shall, if a request in that behalf is made in accordance with
subsection (2) above, pay to the claimant the balance of the amount of the
advance payment calculated as at that time.
(5) Where the
amount, or aggregate amount, of any payment under this section made on the
basis of the acquiring authority’s estimate of the compensation exceeds the
compensation as finally determined or agreed, the excess shall be repaid; and
if after any payment under this section has been made to any person it is discovered
that he was not entitled to it, the amount of the payment shall be recoverable
by the acquiring authority.]
(6) No
advance payment shall be made on account of compensation payable in respect of
any land which is subject to a mortgage the principal of which exceeds 90 per
cent. of the amount mentioned in subsection (3) above; and where the land is
subject to a mortgage the principal of which does not exceed 90 per cent. of
that amount, the advance payment shall be reduced by such sum as the acquiring
authority consider will be required by them for securing the release of the
interest of the mortgagee.
(7) Any advance payment on account of
compensation in respect of an interest which is settled land for the purposes
of the Settled Land Act 1925 shall be made to the persons entitled to give a
discharge for capital money and shall be treated as capital money arising under
that Act.
(8) [Before] an acquiring authority make an
advance payment under this section on account of compensation in respect of any
interest in land they shall deposit with the council of the district or London
borough [or Welsh county or county borough] in which the land is situated
particulars of the payment [to be made], the compensation and the interest in
land to which it relates; . . .
[(8A) Any particulars deposited pursuant to
subsection (8) above shall be a local land charge and for the purposes of the
Local Land Charges Act 1975 the council with whom any such particulars are
deposited shall be treated as the originating authority as respects the charge
thereby constituted.]
(9) [Where a
local land charge is registered in the appropriate local land charges register
pursuant to subsection (8A) above and the advance payment to which the charge
relates is made to the claimant, then if thereafter he] disposes of the
interest in the land to, or creates an interest in the land in favour of, a
person other than the acquiring authority, the amount of the advance payment
[together with any amount paid under section 52A] shall be set off against any
sum payable by the authority to that other person in respect of the compulsory
acquisition of the interest disposed of or the compulsory acquisition or
release of the interest created
(10) Where an
advance payment has been made under this section on account of any
compensation—
(a) section
76 of the Lands Clauses Consolidation Act 1845 and section 9 of the Compulsory
Purchase Act 1965 (refusal of owner to convey on tender of compensation) shall
have effect as if references to the compensation were references to the balance
thereof remaining unpaid; . . .
(11) Where
the acquiring authority, instead of taking possession of any land, serve a
notice in respect of that land under [section 583 of the Housing Act 1985]
(notice authorising existing occupier to continue in occupation where house
acquired for housing purposes) this section shall have effect as if they had
taken possession of the land on the date on which the notice is served.
(12) This
section shall apply to compensation for the compulsory acquisition of a right
over land as it applies to compensation for the compulsory acquisition of an
interest in land, and shall so apply with the necessary modifications and as if
references to taking possession of the land were references to first entering
it for the purpose of exercising the right.
(13) . .
.
(1) If the
acquiring authority do not within the period of two months beginning with the
date of service of a counter-notice under section 53 above agree in writing to
accept the counter-notice as valid, the claimant or the authority may, within
two months after the end of that period, refer it to the Lands Tribunal; and on
any such reference the Tribunal shall determine whether the claim in the
counter-notice is justified and declare the counter-notice valid or invalid in
accordance with its determination of that question.
(2) Where a
counter-notice is accepted as, or declared to be, valid under subsection (1)
above the acquiring authority shall be deemed—
(a) to be authorised to acquire compulsorily,
under the enactment by virtue of
which they are empowered to acquire the land in respect of which the
notice to treat was served, the claimant’s interest in the land to which the
requirement in the counter-notice relates; and
(b) to have served a notice to treat in respect
of that land on the date on which the first-mentioned notice to treat was
served.
(3) A
claimant may withdraw a counter-notice at any time before the compensation
payable in respect of a compulsory acquisition in pursuance of the
counter-notice has been determined by the Lands Tribunal or at any time before
the end of six weeks beginning with the date on which the compensation is so
determined; and where a counter-notice is withdrawn by virtue of this
subsection any notice to treat deemed to have been served in consequence
thereof shall be deemed to have been withdrawn.
(4) Without
prejudice to subsection (3) above, the power conferred by section 31 of the
Land Compensation Act 1961 to withdraw a notice to treat shall not be
exerciseable in the case of a notice to treat which is deemed to have been
served by virtue of this section.
(5) The
compensation payable in respect of the acquisition of an interest in land in
pursuance of a notice to treat deemed to have been served by virtue of this
section shall be assessed on the assumptions mentioned in section 5(2), (3) and
(4) above.
(6) Where by
virtue of this section the acquiring authority become, or will become, entitled
to a lease of any land but not to the interest of the lessor—
(a) the
authority shall offer to surrender the lease to the lessor on such terms as the
authority consider reasonable;
(b) the
question of what terms are reasonable may be referred to the Lands Tribunal by
the authority or the lessor and, if at the expiration of three months after the
date of the offer mentioned in paragraph (a) above, theauthority and the lessor
have not agreed on that question and that question has not been referred to the
Tribunal by the lessor, it shall be so referred by the authority;
(c ) if that
question is referred to the Tribunal the lessor shall be deemed to have
accepted the surrender of the lease at the expiration of one month after the date
of the determination of the Tribunal or on such other date as the Tribunal may
direct and to have agreed with the authority on the terms of surrender which
the Tribunal has held to be reasonable.
For the
purposes of this subsection any terms as to surrender contained in the lease
shall be disregarded.
(7) Where the
lessor refuses to accept any sum payable to him by virtue of subsection (6)
above, or refuses or fails to make out his title to the satisfaction of the
acquiring authority, they may pay into court any sum payable to the lessor by
virtue of that subsection; and subsections (2) and (5) of section 9 of the
Compulsory Purchase Act 1965 (deposit of compensation in cases of refusal to
convey etc) shall apply to that sum with the necessary modifications.
(8) Where an
acquiring authority who become entitled to the lease of any land as mentioned
in subsection (6) above are a body incorporated by or under any enactment the
corporate powers of the authority shall, if they would not otherwise do so, include
power to farm that land.
Acquisition Act
1981, section 4
(1) In relation to a compulsory purchase the Land Compensation Act
1961 shall have effect subject to the provisions of this section.
(2) The Lands Tribunal shall not take into account any interest in
land, or any enhancement of the value of any interest in land, by reason of any
building erected, work done or improvement or alteration made, whether on the
land purchased or on any other land with which the claimant is, or was at the
time of the erection, doing or making of the building, works, improvement or
alteration, directly or indirectly concerned, if the Lands Tribunal is
satisfied that the creation of the interest, the erection of the building, the
doing of the work, the making of the improvement or the alteration, as the case
may be, was not reasonably necessary and was undertaken with a view to
obtaining compensation or increased compensation.
