The Law Commission

appendix e
LANDS TRIBUNAL

Part i
lEGISLATIVE BACKGROUND

                   E.1                The Lands Tribunal was established under the Lands Tribunal Act 1949 (“the 1949 Act”). Section 1(1) of the 1949 Act established two separate Lands Tribunals: one for Scotland and another for the remainder of the United Kingdom.[1] A Lands Tribunal for Northern Ireland was separately constituted under the Lands Tribunal and Compensation Act (Northern Ireland) 1964. This review is concerned with the Lands Tribunal for England and Wales. The Lands Tribunal is a court of law and is situated in Chancery Lane, though it sits wherever the proper disposal of the case requires.

                   E.2                The Lands Tribunal consists of a President and other members, all of whom are appointed by the Lord Chancellor.[2] The President of the Lands Tribunal must be legally qualified, and the other members may be a mixture of legally qualified persons and persons experienced in the valuation of land, all of whom must be at least seven years post-qualification.[3] One or more of the members, except where there is statutory provision to the contrary, may exercise the jurisdiction of the Lands Tribunal.[4] 

                   E.3                The jurisdiction of the Lands Tribunal comes in two forms: first instance and appellate. Part II below lists the many areas where the Lands Tribunal exercises first instance jurisdiction and Part III reviews the jurisdiction of the Lands Tribunal to hear appeals from the Valuation Tribunal and Leasehold Valuation Tribunal. The Lands Tribunal also has jurisdiction under section 1(5) of the 1949 Act to determine matters that are referred to it for arbitration. In this review the Lands Tribunal’s arbitration jurisdiction is treated as a first instance jurisdiction. Broadly speaking, the Lands Tribunal exercises jurisdiction in matters pertaining to land, in particular in relation to compulsory purchases of land and land compensation in general.

                   E.4                The procedure and format of proceedings before the Lands Tribunal are contained in the Lands Tribunal Rules 1996.[5] The Lands Tribunal (Fees) Rules 1996[6] set out the fees payable by users of the Lands Tribunal.

Part ii
Jurisdiction­ – First instance

                   E.5                The Lands Tribunal exercises first instance jurisdiction under a wide range of statutes and statutory instruments. Despite the large breadth of jurisdiction it is likely that many of the matters identified below are not of practical relevance, either because they relate to once of public-work schemes, or because they relate to disputes that rarely arise between parties. In addition, the majority of grounds identified below stipulate that the Lands Tribunal only acquires jurisdiction once the parties have failed to reach agreement. Many matters over which the Lands Tribunal potentially has jurisdiction may therefore never arise.

                   E.6                There is no common theme to the matters over which the Lands Tribunal exercises first instance jurisdiction, other than the fact they concern disputes over land. However, as can be seen from the table below land compensation and compulsory purchase issues tend to predominate. The following headings have been chosen to delineate the different types of first instance jurisdiction exercised by the Lands Tribunal: (a) Compensation Disputes; (b) Compulsory Purchase; (c) Matters Specific to London; (d) Taxation Disputes; (e) Miscellaneous. The Schedule to this review contains a table of abbreviations used to refer to legislative instruments.

 

Jurisdiction Table

Act	Legislative Provision		Matter	Further Appeal
Section  A – Compensation  Disputes
1973 Act		Section 16(1)	Compensation for Depreciation in Value of Land		Court of Appeal
1981 Act		Paragraph 3(4) of Schedule 2	Compensation for Refraining from Mining		Court of Appeal
1979 Act		Section 47	Compensation for Various Matters		Court of Appeal
1979 Act		Section 8(4)	Clawback of Compensation		Court of Appeal
1990a Act		Paragraph 7 of Schedule 2	Compensation for Work in Harbour Area		Court of Appeal
1982 Act		Paragraph 7 of Schedule 1	Compensation for Work in Aerodrome Area		Court of Appeal
1995 Act		Section 11	Compensation for Entry onto Land		Court of Appeal
1993 Act		Paragraph 13(2) of Schedule 2	Compensation for Cardiff Bay Barrage Development (1)		Court of Appeal
1993 Act		Paragraph 6(2) of  Schedule 5	Compensation for Cardiff Bay Barrage Development (2)		Court of Appeal
1993 Act		Paragraph 16(4) of Schedule 7	Compensation for Cardiff Bay Barrage Development (3)		Court of Appeal
1982a Act		Section 44(6)	Compensation for Entry onto Land		Court of Appeal
1982a Act		Section 50(7)	Compensation for Entry onto Land		Court of Appeal
1982a Act		Section 51(1)	Compensation of Statutory Undertakers		Court of Appeal
1982a Act		Paragraph 5 of Schedule 8	Compensation for section 45 Order		Court of Appeal
1982a Act		Paragraph 9 of Schedule 9	Compensation for section 46 Direction		Court of Appeal
1972 Act		Section 60(5)	Compensation for Entry onto Land		Court of Appeal
1984 Act		Section 5(3)	Compensation for Construction of Cycle Tracks		Court of Appeal
1989 Act		Paragraph 11(3) of Schedule 4	Compensation for Damage to Moveables		Court of Appeal
1990b Act		Paragraph 14(3) of Part I of Schedule 2	Compensation for Transition to Waste Disposal Company		Court of Appeal
2000 Act		Section 5(6)	Fur Farming Compensation Scheme		Court of Appeal
1965a Act		Section 23(1)(a)	Compensation for Various Matters		Court of Appeal
1965a Act		Section 23(1)(b)	Clawback of Compensation		Court of Appeal
1980 Act		Section 307	Compensation for Various Matters		Court of Appeal
1980a Act		Section 296(3)	Compensation for Removal or Alteration of Apparatus		Court of Appeal
1980a Act		Section 584B(5)	Clawback of Compensation		Court of Appeal
1991 Act		Section 14(6)	Compensation for Works on Land		Court of Appeal
1991 Act		Section 22(7)	Compensation for Drainage Works Order		Court of Appeal
1991 Act		Section 29(6)	Compensation for Ditch Works Order		Court of Appeal
1991 Act		Section 64(5)	Compensation for Entry onto Land		Court of Appeal
1958 Act		Section 10(5)	Compensation for Air Defence Obstruction Order		Court of Appeal
1958 Act		Section 18(5)	Compensation for Restrictions/Wayleave Orders		Court of Appeal
1958 Act		Section 22	Matters before General Claims Tribunal		Court of Appeal
1958 Act		Paragraph 3 of Schedule 4	Compensation for Entry onto Land		Court of Appeal
1976 Act		Section 15(6)	Compensation for Entry onto Land		Court of Appeal
1976 Act		Section 24(5)	Compensation for Making Tree Safe		Court of Appeal
1980b Act		Section 167(9)	Compensation for Entry onto Land		Court of Appeal
1985 Act		Section 7(13)	Compensation for Entry onto Former Mining Land		Court of Appeal
1985 Act		Section 8(11)	Compensation for Works on Former Mining Land		Court of Appeal
1983 Act		Section 36(9)	Compensation for Entry onto Land		Court of Appeal
1949a Act		Section 107	Compensation for Damage by Nature Conservancy Council		Court of Appeal
1981a Act		Paragraph 3 of Schedule 7	Compensation for Damage to Land		Court of Appeal
1958a Act		Section 40	Compensation for Damage by British Coal Corporation		Court of Appeal
1958a Act		Paragraph 9 of Schedule 3	Well-foundedness of Objection		Court of Appeal
1962 Act		Section 48	Compensation under Pipe-lines Act 1962		Court of Appeal
1990c Act		Section 31(4)	Compensation for Listed Buildings		Court of Appeal
2000a Act		Paragraph 5(2) of Schedule 6	Compensation for Entry onto Land		Court of Appeal
1941 Act		Section 45(6)	Compensation for Attachment of Street Lamps		Court of Appeal
1845 Act		Section 6	Compensation for Injurious Affection to Land		Court of Appeal
1845 Act		Section 78	Compensation for Refraining from Mining		Court of Appeal
1975 Act		Section 18(2)	Compensation for Reservoir Survey		Court of Appeal
1984a Act		Paragraph 22 of Part IV of Schedule 4	Compensation for Refusal of Licence		Court of Appeal
1984b Act		Paragraph 4(6) of Schedule 2	Compensation for Removal of Telecom Apparatus		Court of Appeal
1974 Regulations		Regulation 7	Apportionment of Compensation		Court of Appeal
1990 Act		Section 118	Compensation under Part IV of 1990 Act		Court of Appeal
1990 Act		Section 186(6)	Compensation for Stop Notices		Court of Appeal
1990 Act		Section 205	Compensation for Tree Order		Court of Appeal
1990 Act		Section 223(2)	Compensation for Advertisement Removal		Court of Appeal
1990 Act		Section 250(6)	Compensation for Extinguishing Highway Use		Court of Appeal
1990 Act		Section 282	Compensation of Statutory Undertakers		Court of Appeal
1968a Act		Section 105(7)	Compensation for Extinguishing Inland Waterway Rights		Court of Appeal
1968a Act		Section 112(4)	Compensation for Extinguishing Canal  Rights		Court of Appeal
1992 Act		Section 53(6)	Compensation for Placing of Signs and Barriers		Court of Appeal
1991a Act		Paragraph 11(3)(a) of Part II of Schedule 6	Compensation for Entry onto Land		Court of Appeal
1991a Act		Paragraph 8(6) of Schedule 11	Compensation for Non-Acquisition Depreciation		Court of Appeal
1191a Act		Paragraph 3 of Schedule 12	Compensation for Pipe-Laying		Court of Appeal
1991a Act		Paragraph 2(4) of Schedule 14	Compensation for Refraining from Mining		Court of Appeal
1991b Act		Section 62(5))	Compensation for Revocation of Licences		Court of Appeal
1991b Act		Paragraph 3 of Schedule 9	Compensation for Drought Order		Court of Appeal
1991b Act		Paragraph 8(6) of Schedule 19	Compensation for Non-Acquisition Depreciation		Court of Appeal
1991b Act		Paragraph 6(3)(a) of Schedule 20	Compensation for Entry onto Land		Court of Appeal
1991b Act		Paragraph 3 of Schedule 21	Compensation for Pipe-Laying		Court of Appeal
1991b Act		Paragraph 2(4) of Schedule 23	Compensation for Refraining from Mining		Court of Appeal
1975a Act		Paragraph 15 of Part IV of Schedule 4	Compensation for Entry onto Land		Court of Appeal
2001 Regulations		Paragraph 9 of Schedule 3	Compensation in Connection with European Habitat Site		Court of Appeal
2000 Regulations		Paragraph 6(3) of Schedule 2	Compensation for Damage to Land (England)		Court of Appeal
2001a Regulations		Paragraph 6(3) of Schedule 2	Compensation for Damage to Land (Wales)		Court of Appeal
2000a Regulations		Paragraph 7(3) of Schedule 6	Compensation for Damage to Land (England & Wales)		Court of Appeal
1999 Regulations		Paragraph 6 of the Schedule	Compensation for Grant of Rights		Court of Appeal
1999a Regulations		Regulation 8(3)	Compensation under Environment Protection Act 1990		Court of Appeal
1997 Regulations		Regulation 14(3)	Compensation for Damage to Land/Chattels		Court of Appeal
1994a Regulations		Regulation 92(3)	Compensation for Making a European Site Order		Court of Appeal
1994a Regulations		Regulation 96(2)	Compensation for Making Byelaws		Court of Appeal
1994a Regulations		Regulations 59(3), 74(4), 78(4) and 82(4)	Compensation for Revocation of Permissions		Court of Appeal
1994 Order		Paragraph 7 of Schedule 2	Compensation for Channel Tunnel Security Order		Court of Appeal
Section  B – Compulsory Purchase
1965 Act		Section 6	Compensation for Compulsory Purchase		Court of Appeal
1965 Act		Section 5(2D)	Compensation for Expired Notice to Treat		Court of Appeal
1965 Act		Section 8(1)	Compensation for Severed Land/Buildings		Court of Appeal
1965 Act		Section 8(3)	Connection of Severed Land		Court of Appeal
1965 Act		Section 10(1)	Compensation for Injurious Affection		Court of Appeal
1965 Act		Section 11(3)	Compensation for Entry onto Land		Court of Appeal
1965 Act		Section 15(1)	Determination in Respect of Mortgaged Land		Court of Appeal
1965 Act		Section 16(1)	Determination in Respect of Partially Mortgaged Land		Court of Appeal
1965 Act		Section 17(2)	Compensation for Interest Income Difference		Court of Appeal
1965 Act		Section 18(1)	Compensation for Release of Rentcharges		Court of Appeal
1965 Act		Section 18(2)	Apportionment of Land Subject to Rentcharge		Court of Appeal
1965 Act		Section 19(2)	Apportionment of Rent		Court of Appeal
1965 Act		Section 20(3)	Compensation for Tenants at Will		Court of Appeal
1965 Act		Paragraph 4 of Schedule 2	Compensation for Absent/ Untraced Owners		Court of Appeal
1965 Act		Paragraph 5(4) of Schedule 4	Compensation for Common Land		Court of Appeal
1961 Act		Section 1	Compensation for Compulsory Purchase of Land		Court of Appeal
1961 Act		Section 4	Determination of Costs		Court of Appeal
1961 Act		Section 31(4)	Compensation for Withdrawal of Notice to Treat		Court of Appeal
1961 Act		Section 35	Certification of Value		Court of Appeal
1973 Act		Section 30(3)	Determination of Market Value of Dwelling		Court of Appeal
1973 Act		Section 35(9)	Calculation of Farm Loss Payment		Court of Appeal
1973 Act		Section 38(4)	Calculation of Disturbance Payment		Court of Appeal
1973 Act		Section 54(1)	Determination of section 53 Notice		Court of Appeal
1973 Act		Section 56(1)	Determination of section 55 Counter-Notice		Court of Appeal
1968 Act		Paragraph 1 of Schedule 3	Compulsory Purchase of Agricultural Holding		Court of Appeal
1968 Act		Paragraph 2 of Schedule 3	Consideration of Excessive Compensation		Court of Appeal
1981b Act		Section 11(4)	Clawback of Compensation		Court of Appeal
1981b Act		Paragraph 4(1) of Part I of Schedule 1	Determination of Severance Objection		Court of Appeal
1987 Act		Paragrpah 3 of Schedule 5	Compulsory Purchase for Channel Tunnel		Court of Appeal
1996 Act		Paragraph 11 of Part III of Schedule 4	Compulsory Purchase for Channel Tunnel Rail Link		Court of Appeal
1989 Act		Paragraph 9 of Part II of Schedule 3	Compulsory Purchase by Electricity Licence Holders		Court of Appeal
1989 Act		Paragrpah 9 of Part II of Schedule 3	Compulsory Purchase of Wayleaves		Court of Appeal
1980 Act		Section 250 and Schedule 19	Compulsory Purchase under Highways Act 1980		Court of Appeal
1980 Act		Section 271(3)	Compulsory Transfer of Toll Highway		Court of Appeal
1988 Act		Section 77 and Part I of Schedule 10	Compulsory Purchase by Housing Action Trust		Court of Appeal
1993a Act		Section 162 and Schedule 20	Compulsory Purchase by Urban Regeneration Agency		Court of Appeal
1976 Act		Section 13(2) and Schedule 1	Compulsory Purchase by Local Authorities		Court of Appeal
1980b Act		Schedule 28	Compulsory Purchase by Urban Development Corporations		Court of Appeal
2000a Act		Paragraph 6 of Schedule 5	Compulsory Purchase by Universal Service Provider		Court of Appeal
1998 Act		Paragraph 4 of Part II of Schedule 5	Compulsory Purchase by Regional Development Agency		Court of Appeal
1990 Act		Section 146	Validity of section 145 Notice		Court of Appeal
1991a Act		Section 155 and Schedule 9	Compulsory Purchase by Water Industry Undertaker		Court of Appeal
1991b Act		Section 154 and Schedule 18	Compulsory Purchase by Environment Agency		Court of Appeal
2001 Order		Article 19 and Schedule 7	Compulsory Purchase by London Underground		Court of Appeal
2002 Order		Article 30	Compulsory Purchase by Docklands Light Railway		Court of Appeal
Section C – Matters Specific to London
1965b Act		Section 6(9)	Compensation for Underpinning Building		Court of Appeal
1967 Act		Section 16(7)	Compensation for Provision of Support		Court of Appeal
1969 Act		Section 21(7)	Compensation for Construction of Walkway		Court of Appeal
1969 Act		Section 22(6)	Compulsory Purchase for Public Walkways		Court of Appeal
1969 Act		Section 25(7)(c)	Compensation Payable by Statutory Undertakers		Court of Appeal
1986a Act		Section 4(11)	Compensation for Refusal to Carry Out Works		Court of Appeal
1962a Act		Section 24(2)	Compensation for Closure of Building		Court of Appeal
1963 Act		Section 9(8)	Compensation for Underpinning Houses		Court of Appeal
1972a Act		Sections 20(1)(c), 25(3)(e), 44(2) and 60(3)(b)	Compensation in Connection with Thames Barrier Work		Court of Appeal
1956 Act		Sections 3 and 4	Compensation for Vesting of Underground Works		Court of Appeal
Section D – Taxation Disputes
1970 Act		Section 46D	Various Disputes Relating to Value of Land for Chargeable Gains		Court of Appeal
1970 Act		Section 47B	Disputes Relating to Value of Land for BES Schemes		Court of Appeal
1984c Act		Section 222(4)	Value of Land for Certain Transfers		None
1986 Regulations		Regulation 8(4)	Valuation of Land in Stamp Duties Appeals		Court of Appeal
Section E - Miscellaneous
1949 Act		Sections 1(3)(b), 1(3)(c), 1(3)(e), 1(4)(a)	Determination of Matters under Lands Tribunal Act,1949		Court of Appeal
1949 Act		Section 1(5)	Matters Referred for Arbitration		Court of Appeal
1925 Act		Section 84	Modification/Discharge of Restrictive Covenant		Court of Appeal
1959 Act		Section 3	Rights of Light Application		Court of Appeal
1991c Act		Section 40	Disputes in Relation to Coal Mining Subsidence		Court of Appeal
1991c Act		Section 6(6)	Variation to Schedule of Remedial Works		Court of Appeal
1994 Act		Section 47	Other Coal Subsidence Disputes		Court of Appeal
1949b Act		Section 24	Various Disputes Relating to Coastal Protection		Court of Appeal
1967a Act		Sections 11(6), 14(4), 21(2), 22(3)	Forestry Disputes		Court of Appeal
1954 Act		Section 37(5)	Determination of Rateable Value		Court of Appeal
1977 Act		Section 6	Appeal of Rentcharge Apportionment Order		Court of Appeal
1974 Regulations		Regulation 12	Disputes as to Rentcharges		Court of Appeal
1990 Act		Section 153	section 150 Blight Notices		Court of Appeal
1990 Act		Section 159	section 158 Blight Notice		Court of Appeal
2002 Regulations		Regulation 10	Objection to Creation of Right of Way		Court of Appeal
Various		Various	Residual Jurisdiction – See Paragraph 2.167		Court of Appeal

 

Section A:     Determination of Compensation Disputes

            E.7                The Lands Tribunal has jurisdiction under a large number of statutes and statutory instruments to determine compensation disputes that arise in connection with land. In the main a right to compensation will arise where a public body or privatised utility causes damage to land or chattels as a result of the exercise by it of a statutory right of entry or right to carry out works on land. The compensation jurisdiction of the Lands Tribunal does not extend to claims for compensation outside of a statutory scheme, that is claims in contract or tort for damage will generally give rise to a separate cause of action before the ordinary courts. Compensation disputes usually involve a private land owner and a public body or privatised utility. In the majority of cases a claim for compensation may only be made in the event of a failure by the parties to reach agreement. The following list summarises the jurisdiction of the Lands Tribunal in respect of compensation disputes. A number of these grounds of jurisdiction are likely to be defunct (for example compensation for Cardiff Bay Barrage), however because they remain on the statute books they have been included in this review.

Compensation under the Land Compensation Act 1973

            E.8                The Land Compensation Act 1973 confers a right to compensation for depreciation in value of interests in private land caused by the use of highways, aerodromes and other public works. The general scheme for claiming entitlement to compensation is laid out in section 1 of the 1973 Act. The Lands Tribunal has jurisdiction under section 16(1) to determine any dispute that arises in relation to a claim for compensation under Part I of the 1973 Act.

Compensation for Refraining from Mining

            E.9                Under paragraph 3(3) of Schedule 2 to the Acquisition of Land Act 1981 the acquiring authority can require the owner of underlying mines or minerals to refrain from working them in return for the payment of compensation. If the acquiring authority and owner cannot agree on the compensation payable the Lands Tribunal has jurisdiction under paragraph 3(4) of Schedule 2 to the 1981 Act to determine the matter.

Compensation under the Ancient Monuments and Archaeological Areas Act 1979

            E.10                The Lands Tribunal has jurisdiction under section 47 of the Ancient Monuments and Archaeological Areas Act 1979 to determine disputes that arise in relation to the payment of compensation under the Act.[7] Compensation is payable under sections 7, 9, 10 and 46 of the 1979 Act.

Determination of Recoverable Compensation

            E.11                Section 8 of the 1979 Act makes provision for the recovery of compensation paid pursuant to section 7 where the Secretary of State subsequently grants Scheduled monument consent (and compensation was already paid). The Lands Tribunal has jurisdiction under section 8(4) of the 1979 Act to determine the compensation recoverable when the person with an interest in the monument is aggrieved by the amount specified by the Secretary of State to be recoverable.

Compensation for Work in Harbour Area

            E.12                The Secretary of State may, pursuant to section 24 of the Aviation and Maritime Security Act 1990, direct the owner of land in a harbour area to carry out certain works on that land. The owner can apply under section 43 and Schedule 2 to the 1990a Act for compensation in respect of measures taken by him on foot of the direction made by the Secretary of State under section 24. The Lands Tribunal has jurisdiction under paragraph 7 of Schedule 2 to the 1990a Act to determine any dispute that arises in relation to the right to and amount of compensation payable under the section 43 and Schedule 2.

Compensation for Work in Aerodrome Area

            E.13                The Secretary of State may, pursuant to section 14 of the Aviation Security Act 1982, direct the owner of land in an aerodrome area to carry out certain works on that land. The owner can apply under section 22 and Schedule 1 to the 1982 Act for compensation in respect of measures taken by him on foot of the direction made by the Secretary of State under section 14. The Lands Tribunal has jurisdiction under paragraph 7 of Schedule 1 to the 1982 Act to determine any dispute that arises in relation to the right to and amount of compensation payable under section 22 and Schedule 1.

Payment and Compensation under the British Waterways Act 1995

            E.14                The British Waterways Act 1995 empowers the British Waterways Board to enter land and carry out works on waterways. Under section 9 of the 1995 Act the Board is required to pay the occupier of land a sum for entering his land and under section 10 the occupier is entitled to be compensated for any damage that arises as a consequence the Board exercising its functions under the Act. The Lands Tribunal has jurisdiction under section 11 of the 1995 Act to determine disputes that arise in connection with section 9 payments or section 10 compensation.

Compensation for Cardiff Bay Barrage Development (1)

            E.15                The Cardiff Bay Barrage Act 1993 established a Development Corporation for constructing a barrage across the mouth of Cardiff Bay. Schedule 2 of the 1993 Act grants various powers to the Development Corporation to enable it to construct the barrage. Any person who suffers damage as a result of the exercise by the Development Corporation of its powers under paragraphs 1, 2, 3, 6, and 10 is entitled to be paid compensation. The Lands Tribunal has jurisdiction under paragraph 13(2) of Schedule 2 to the 1993 Act to determine any dispute that arises in relation to a person’s right to compensation or the amount of compensation payable.

Compensation for Cardiff Bay Barrage Development (2)

            E.16                Paragraphs 1 and 2 of Schedule 5 to the 1993 Act grant power to the Development Corporation to take possession and make use of lands for the purpose of constructing the Cardiff Bay Barrage. Any person who suffers loss or damage as a result of the exercise by the Development Corporation of its powers under paragraphs 1 and 2 is entitled to be paid compensation. The Lands Tribunal has jurisdiction under paragraph 6(2) of Schedule 5 to the 1993 Act to determine any dispute in relation to a person’s right to compensation or the amount of compensation payable.

Compensation for Cardiff Bay Barrage Development (3)

            E.17                Schedule 7 to the 1993 Act makes provisions for groundwater damage protection that may arise as a result of the construction of the Cardiff Bay Barrage. Paragraph 15 of Schedule 7 lays down the terms on which compensation for remedial work carried out on foot of paragraph 12 is payable. The Lands Tribunal has jurisdiction under paragraph 16(4) of Schedule 7 to the 1993 Act to determine disputes that arise under paragraph 15 (though the application of paragraph 15(3) is determined by arbitration pursuant to paragraph 25).

Compensation for Entering Land for Civil Aviation Purposes

            E.18                Section 44 of the Civil Aviation Act 1982 grants power to the Secretary of State to make orders that permit the entry onto land for various purposes in connection with civil aviation. Where any land is damaged in exercise of this power the person with an interest in the land is entitled to compensation. The Lands Tribunal has jurisdiction under section 44(6) of the 1982a Act to determine any dispute that arises in connection with the right to and amount of compensation payable under section 44.

Compensation for Entering Land for Purpose of Making a Relevant Survey

            E.19                Section 50 of the 1982a Act confers power on the Secretary of State and Civil Aviation Authority to make a “relevant survey”[8] of land that is being considered for compulsory acquisition. Section 50(2) allows authorised persons to enter the said land for the purpose of carrying out the survey. Where land is damaged as a result of an exercise of this power, the person interested in the land is entitled to compensation. The Lands Tribunal has jurisdiction under section 50(7) of the 1982a Act to determine any dispute that arises in connection with the right to and amount of compensation payable under section 50.

Compensation of Statutory Undertakers

            E.20                The Lands Tribunal has jurisdiction under section 51(1) of the 1982a Act to determine any dispute[9] that arises in connection with the compensation to be paid to a statutory undertaker in respect of the compulsory purchase of land, the creation of easements of servitude or directions in relation to building apparatuses under the 1982a Act.

Compensation in Connection with section 45 Order

            E.21                The Secretary of State may by order, pursuant to section 45 of the 1982a Act, impose restrictions on the use of land for the purpose of securing the safe arrival and departure of aircraft in the United Kingdom. A person with an interest in the said land is entitled to be compensated for any diminution in value of the land as the result of making such an order in accordance with the provisions of Schedule 8 to the 1982a Act. The Lands Tribunal has jurisdiction under paragraph 5 of Schedule 8 to the 1982a Act to determine any dispute in connection with the right to and amount of compensation payable under Schedule 8.

Compensation in Connection with section 46 Direction

            E.22                Section 46 of the 1982a Act grants a general power to the Secretary of State to make directions that affect land to secure the safe and efficient operation of civil aviation. A person with an interest in the said land is entitled to be compensated for any diminution in value of the land that results from the making of such an order in accordance with the provisions of Schedule 9 to the 1982a Act. The Lands Tribunal has jurisdiction under paragraph 9 of Schedule 9 to the 1982a Act to determine any dispute that arises in connection with the right to and amount of compensation payable under Schedule 9.

Compensation for Damage in Respect of Entry with View to Acquiring Land for Prisons

            E.23                The Secretary of State can acquire land for prisons under section 36 of the Prisons Act 1952. Sections 60(1) and 60(2) of the Criminal Justice Act 1972 grant power to the Secretary of State to authorise a person to enter land and carry out surveys for the purpose of determining whether he should exercise his powers to acquire land for prisons. Where any land is damaged in the exercise of these powers the person with an interest in the land is entitled to compensation. The Lands Tribunal has jurisdiction under section 60(5) of the 1972 Act to determine any dispute that arises in connection with the compensation payable.

Compensation for Construction of Cycle Tracks

            E.24                The Cycle Tracks Act 1984 grants certain powers to highway authorities to execute works necessary for the construction of cycle tracks. A person who suffers damage as a result of the execution of such works is entitled to compensation. Where the parties cannot agree the Lands Tribunal has jurisdiction under section 5(3) of the 1984 Act to determine the claim for compensation.[10]

Compensation for Damage to Moveables

            E.25                Electricity licence holders have the power under paragraph 9 and 10 of Schedule 4 to the Electricity Act 1989 to enter land for the purpose of felling and lopping trees and for exploring potential applicable uses of land. Where in the exercise of those powers the licence holder causes damage to moveables or their quiet enjoyment is interfered with, the occupier of land is entitled to compensation. The Lands Tribunal has jurisdiction under paragraph 11(3) of Schedule 4 to the 1989 Act to determine disputes in relation to any such claims for compensation.

Compensation for Losses arising as a Result of Transition to Waste Disposal Company

            E.26                Part I of Schedule 2 to the Environmental Protection Act 1990 makes detailed provision in relation to the transition from disposal authorities to waste disposal companies. Paragraph 6 of Part I of Schedule 2 provides for the making of schemes transferring property to waste disposal companies. The Lands Tribunal has jurisdiction under paragraph 14(3) of Part I of Schedule 2 to the 1990b Act to determine compensation payable to third parties as a consequence of the transfer of property under a transfer scheme.

Compensation under Fur Farming Compensation Scheme

            E.27                Section 1 of the Fur Farming (Prohibition) Act 2000 makes it an offence to farm animals solely or primarily for the purpose of slaughtering or breeding progeny for the value of their fur. Section 5 of the 2000 Act makes provision for the making of compensation schemes for businesses that are adversely affected by the prohibition. The Lands Tribunal has jurisdiction under section 5(6) of the 2000 Act to determine disputes that arise in connection with a person’s entitlement to or the amount of payments under any such scheme.[11]

Compensation under the Gas Act 1965

            E.28                The Lands Tribunal has jurisdiction under section 23(1)(a) of the 1965a Act to determine any dispute that arises in relation to compensation that is payable under Part II of the 1965a Act. The gas transporter is liable to pay compensation under the following provisions: (a) section 7 – compensation for general effect of storage authorisation order; (b) section 8 – compensation for refusal of consent to controlled operations, or consent granted subject to conditions; (c) section 9 – compensation for withdrawal of consent or variation of conditions; and (d) section 15 – compensation for interference with the water supply.

Clawback of Compensation by Gas Transporter

            E.29                The gas transporter’s liability to pay compensation under sections 8 and 9 of the 1965a Act arises where the Minister refuses or withdraws consent to operate underground gas storage facilities pursuant to section 5. If the Minister subsequently consents to the operations and the person has already received compensation under sections 8 or 9, that person is liable to repay a portion of that compensation to the gas transporter together with interest. In the event of a dispute as to the amount of compensation to be clawed back the Lands Tribunal has jurisdiction under section 23(1)(b) of the 1965a Act to determine the matter.

Compensation under the Highways Act 1980

            E.30                The Lands Tribunal has jurisdiction under section 307 of the 1980 Act to determine any dispute that arises in connection with a claim for compensation under the following provisions of the 1980 Act: (a) section 21(4)/(4A) – compensation of persons who suffer loss as a result of a removal of apparatus of public utility undertaker; (b) section 28(1) – compensation of persons for damage suffered as a result of public path creation order; (c) section 73(9) – compensation of persons whose property is injuriously affected as a result of the prescription of an improvement line for widening streets; (d) section 74(8) – compensation of persons whose property is injuriously affected as a result of the prescription of a building line; (e) section 109(2) – compensation of persons for damage that is a consequence of the diversion of a navigable watercourse; (f) section 110(4) – compensation of persons for damage that is a consequence of a diversion of a non-navigable watercourse; (g) section 121(2) – compensation of persons for damage suffered as a result of public path extinguishment orders, rail crossing extinguishment orders, special extinguishment orders, public path diversion orders, rail crossing diversion orders, special diversion orders and SSSI diversion orders; (h) section 126(2) – compensation of persons for a depreciation of their interest in a premises as a consequence of a highway authority “stopping up” a means of access to a private premises; (i) section 292(1) -  compensation of persons for damage to land or chattels as a consequence of the exercise by a highway authority of powers of entry under section 289 and 291 of the 1980 Act.

Compensation for Removal or Alteration of Apparatus

            E.31                A local housing authority has power under section 296(2) of the Housing Act 1980 to order the removal or alteration by a statutory undertaker of certain apparatuses. The statutory undertaker is entitled to compensation in respect of damage sustained as a result of the exercise of this power by the local housing authority. The Lands Tribunal has jurisdiction under section 296(3) of the 1980a Act to determine any question in relation to compensation that is so payable.

Clawback of Compensation for Closing Order

            E.32                Where a closing order is determined in pursuance of section 278 of the 1980 Act a person who was granted compensation on foot of the making of the closing order is obliged to repay to the local housing authority all or part of that amount. The amount to be repaid is the lesser of the amount by which the recipient’s interest in the premises increases as a result of the determination of the closing order[12] or the amount of compensation actually paid.[13] The Lands Tribunal has jurisdiction under section 584B(5) of the 1980a Act to determine any dispute regarding the calculation of the amount under section 584B(3)(a).

Compensation for Injury Caused by Drainage Board or Local Authority

            E.33                Drainage boards and local authorities (as the case may be) have power under section 14 of the Land Drainage Act 1991 to carry out certain works for the purpose of maintaining, improving or constructing watercourses and drainage works. They are liable under section 14(5) to compensate persons who sustain an injury as a result of the exercise by them of these powers. The Lands Tribunal has jurisdiction under section 14(6) of the 1991 Act to determine disputes as to the amount of compensation payable.

Compensation for Drainage Works Order

            E.34                The Minister has power under section 22 of the 1991 Act to order the carrying out of drainage works on land on application to him. Every person interested in land that is subject to such an order is entitled to compensation for injury suffered by reason of the works. The Lands Tribunal has jurisdiction under section 22(7) of the 1991 Act to determine any dispute as to the amount of compensation payable.

Compensation for Ditch Works Order

            E.35                The Agricultural Lands Tribunal has power under section 28 of the 1991 Act to permit the carrying out of works by an interested owner or occupier of land on ditches that are in a dangerous condition. Section 29 enables the person to enter land and carry out works for the purpose of carrying out works permitted by a section 28 order. Any person who sustains injury by reason of the exercise of the powers contained in section 29 is entitled to compensation, except where the exercise of powers was for the purposes permitted by the section 28 order. The Lands Tribunal has jurisdiction under section 29(6) of the 1991 Act to determine disputes as to the amount of compensation payable.

Compensation for Entry to Land

            E.36                A person authorised by an internal drainage board or local authority may, under section 64 of the 1991 Act, enter land for the purposes of carrying out any functions of the board or local authority. A person who sustains injury by reason of the exercise of this power of entry is entitled to compensation under section 64(4). The Lands Tribunal has jurisdiction under section 64(5) of the 1991 Act to determine disputes as to the amount of compensation payable.

Compensation for Air Defence Obstruction Order

            E.37                The Minister has power under section 10(1) of the Land Powers (Defence) Act 1958 to order the removal of objects within two miles of an airfield that is used for defence purposes where the objects are likely to interfere with the safe and efficient operation of the airfield. The person to whom the order is directed is entitled to compensation and the Lands Tribunal has jurisdiction under section 10(5) of the 1958 Act to determine disputes as to the right to and amount of compensation.

Compensation for section 16 Restrictions and Wayleave Orders

            E.38                Section 14 of the 1958 Act permits the Minister to make wayleave orders over land for the purpose of laying oil pipelines. In addition section 16 of the 1958 permits the Minister to impose restrictions on the use of land that is in close proximity of an oil pipeline. Persons are entitled to compensation under section 18 for depreciations in value of their land or other damage sustained as a result of the making of a wayleave order or the imposition of section 16 restrictions. The Lands Tribunal has jurisdiction under section 18(5) of the 1958 Act to determine disputes that arise as to the right to and amount of compensation payable.

Compensation under the Compensation (Defence) Act 1939

            E.39                Section 22 of the 1958 Act abolishes the General Claims Tribunal as constituted under the Compensation (Defence) Act 1939. The Lands Tribunal has jurisdiction under section 22 of the 1958 Act to consider the matters previously within the jurisdiction of the General Claims Tribunal under the 1939 Act.

Compensation for Entry to Land

            E.40                Sections 9, 10, 15, 16 and 21 of the 1958 Act permit the entry onto land of authorised persons for the purpose of exercising powers contained in the 1958 Act. Schedule 4 to the 1958 Act makes general provisions in relation to the exercise of these rights of entry. A person who suffers loss or damage by reason of the exercise of a right of entry is entitled to compensation. The Lands Tribunal has jurisdiction under paragraph 3 of Schedule 4 to the 1958 Act to determine disputes as to the right to and amount of compensation payable.

Compensation for Damage from Land Survey by Local Authority

            E.41                Local authorities have power under section 15 of the Local Government (Miscellaneous Provisions) Act 1976 to authorise persons to enter land for the purpose of carrying out surveys with a view to compulsorily acquiring an interest in that land or rights over it. Where a person suffers damage as a result of the carrying out of the survey by the authorised officer of the local authority, that person is entitled to compensation. The Lands Tribunal has jurisdiction under section 15(6) of the 1976 Act to determine disputes as to the right to and amount of compensation payable.

Compensation for Making Tree Safe

            E.42                Local authorities have power under section 23 of the 1976 Act to authorise a person to enter land and carry out work where they consider that a tree is in such a condition that there is imminent danger of damage to persons or property. A person interested in land who suffers damage by reason of the entry and carrying out of work by an authorised officer is entitled to compensation. The Lands Tribunal has jurisdiction under section 24(5) of the 1976 Act to determine disputes as to the right to and amount of compensation payable.

Compensation for Damage from Survey by Urban Development Corporation

            E.43                Urban development corporations can authorise persons under section 167 of the Local Government and Planning Act 1980 Act to enter land for the purpose of carrying out surveys or valuations with a view to compulsorily acquiring interests in the land in question. A person with an interest in land who suffers damage as a result of the exercise by the corporation of this power is entitled to compensation. The Lands Tribunal has jurisdiction under section 167(9) of the 1980b Act to determine disputes as to right to or amount of compensation payable.

Compensation for Entry to Former Mining Land

            E.44                Local authorities have power under section 7 of the Mineral Workings Act 1985 to enter former mining land to carry out reclamation works on that land or to survey land with a view to carry out such works. A person with an interest in land or chattels is entitled to compensation for any damage caused to the land or chattels as a result of the local authority’s exercise of these powers. The Lands Tribunal has jurisdiction under section 7(13) of the 1985 Act to determine any dispute as to the right to or amount of compensation payable.

Compensation for Works on Former Mining Land

            E.45                Local authorities have power under section 8 of the 1985 Act to carry out works on former mining land without the consent of persons who hold an interest in the land provided that certain conditions are met. A person with an interest in land or chattels is entitled to compensation for any damage caused to the land or chattels as a result of the local authority’s exercise of this power. The Lands Tribunal has jurisdiction under section 8(11) of the 1985 Act to determine any dispute as to the right to or amount of compensation payable.

Compensation for Entry on Land by Historic Buildings and Monuments Commission

            E.46                The Historic Buildings and Monuments Commission has power under section 33(2)(d) of the National Heritage Act 1983 to make and maintain records in relation to ancient monuments and historic buildings situated in England. The Commission may authorise a person under section 36(1) to enter land for the purposes of inspecting it with a view to obtaining information for the inclusion in these records. A person with an interest in land or chattels is entitled to compensation for any damage caused to the land or chattels as a result of the Commission’s exercise of this power. The Lands Tribunal has jurisdiction under section 36(9) of the 1983 Act to determine any dispute as to the right to or amount of compensation payable.[14]

Compensation under National Parks and Access to the Countryside Act 1949

            E.47                The Nature Conservancy Council is liable to pay compensation to persons with interests in land who sustains damage as a result of the exercise by it of powers pursuant to sections 20 and 70 of the 1949a Act. The Lands Tribunal has jurisdiction under section 107 of the 1949a Act to determine disputes that arises on a claim for any such compensation.

Compensation for Statutory Undertakers under New Towns Act 1981

            E.48                Statutory undertakers (for example public utilities) are entitled to compensation under sections 15 and 26(7) of the 1981b Act for damage sustained by them as a result of injurious affections to land, disturbances and the extinguishment of rights over land by the relevant authorities exercising functions under the 1981a Act. The Lands Tribunal has jurisdiction under paragraph 3 of Schedule 7 to the 1981a Act to determine disputes that arise as to the amount of compensation payable.

Claims for Compensation under Opencast Coal Act 1958

            E.49                The Lands Tribunal has jurisdiction under section 40 of the 1958a Act to determine any dispute as to the right to and amount of compensation payable by the British Coal Corporation to any person under the 1958a Act.

Well-Foundedness of Objection

            E.50                Schedule 3 to the 1958 Act deals with the assessment of compensation by way of payment of works under section 22 of the 1958a Act. The final operator[15] can object to a notice requiring compensation by an applicant under paragraph 2 of Schedule 3. The Lands Tribunal has jurisdiction under paragraph 9 of Schedule 3 to the 1958a Act to determine the well-foundedness of any such objection.

Compensation under Pipe-lines Act 1962

            E.51                Compensation is payable under sections 4, 11 and 14 of the 1962 Act. The Lands Tribunal has jurisdiction under section 48 of the 1962 Act to determine any disputes that arise as to the right to and amount of compensation that is payable under these provisions.

Compensation for Listed Buildings

            E.52                Where a local authority revokes or modifies a listed building consent order made pursuant to section 23 of the Planning (Listed Buildings and Conservation Areas) Act 1990 a person who has incurred expenditure or otherwise sustained loss is entitled to compensation under section 28 of the 1990c Act. In addition, a person who sustains a loss or damage as a result of a building preservation order ceasing to have effect is entitled to compensation in respect of that loss or damage under section 29 of the 1990c Act. The Lands Tribunal has jurisdiction under section 31(4) of the 1990c Act to determine disputes that arise in connection with claims for compensation under sections 28 and 29.

Compensation for Entry onto Land by Universal Service Provider

            E.53                Paragraph 2 of Schedule 6 to the Postal Services Act 2000 provides that a universal service provider may enter land and survey it for the purpose of ascertaining whether it would be suitable for any purpose in connection with the provision a universal postal service. A person with an interest in land or moveables is entitled to compensation for any damage caused to the land or moveables as a result of the universal service provider’s exercise of this power. The Lands Tribunal has jurisdiction under paragraph 5(2) of Schedule 6 to the 2000a Act to determine any question as to the right to or amount of compensation payable.

Compensation for Attachment of Street Lamps to Buildings

            E.54                Street lighting authorities (for example county councils, local authority or parish councils) have power under section 45 of the Public Health Act 1941 to attach street lamps and connected apparatus to any building as may be required for the purpose of street lighting. The owner of any building who suffers damage as a result of the exercise of this power is entitled to compensation. The Lands Tribunal has jurisdiction under section 45(6) of the 1941 Act to determine disputes that arise in relation to a claim for such compensation.

Compensation for Injurious Affection to Land Arising from Railway Construction

            E.55                The Railways Clauses Consolidation Act 1845 makes general provisions for where a company is established by statute for the purpose of constructing a railway. Owners and occupiers of land are entitled to be compensated for any injurious affection to their land that results from the construction of a railway. The Lands Tribunal has jurisdiction under section 6 of the 1845 Act[16] to determine the amount of compensation payable.

Compensation for Refraining from Mining

            E.56                The owner or occupier of mines or minerals that lie under a railway or in close proximity to it, is obliged to refrain from mining if the railway company offers to compensate it for so refraining in accordance with the provisions of the 1845 Act. The Lands Tribunal has jurisdiction under section 78 of the 1845 Act[17] to determine disputes that arise as to amount of compensation payable.

Compensation for Reservoir Survey

            E.57                The relevant authorities have power under section 17 of the Reservoirs Act 1975 to enter upon land for the purpose of carrying out various surveys and inspections in connection with the maintenance of reservoirs. A person whose interest in land is damaged or enjoyment of land is disturbed as a result of the exercise of this power is entitled to compensation. The Lands Tribunal has jurisdiction under section 18(2) of the 1975 Act to determine any dispute as to the right to or amount of compensation payable.

Compensation for Refusal of Licences under Road Traffic Regulation Act 1984

            E.58                Part IV of Schedule 4 to the 1984a Act provides that certain persons are entitled to compensation in the event that the local authority refuses them certain licences under the 1984a Act. The Lands Tribunal has jurisdiction under paragraph 22 of Part IV of Schedule 4 to the 1984a Act to determine disputes as to compensation that arise under paragraphs 19, 20 and 21 of Part IV of Schedule 4.

Compensation for Removal of Telecommunications Apparatus

            E.59                The owner of an interest in land is entitled to require the removal of a telecommunications apparatus installed on his land on foot of an agreement with a telecommunications operator provided certain conditions arise and certain procedures as laid down in Schedule 2 to the Telecommunications Act 1984 are followed. A person whose interest in land is depreciated as a result of following those procedures is entitled to compensation from the telecommunications operator under paragraph 4(4) of Schedule 2 to the 1984b Act. The Lands Tribunal has jurisdiction under paragraph 4(6) of Schedule 2 to the 1984b Act to determine disputes as to the right to and amount of compensation payable.

Apportionment of Compensation for Depreciation in Value

            E.60                A right of compensation in respect of the refusal or modification of planning permission arises under certain circumstances under section 107 of the Town and Country Planning Act 1990. The local planning authority may, pursuant to section 109 of the 1990 Act, apportion the compensation for depreciation in value of an interest in land between different parts of the land to which the claim relates. Section 109(4) provides that Regulations may be made to enable disputes as to the apportionment to be determined by the Lands Tribunal. No such Regulations have been made, however section 2 of the 1990d Act deems the 1974 Regulations[18] to have been made on foot of section 109(4). The Lands Tribunal has jurisdiction under Regulation 7 thereof to determine disputes as to the apportionment of compensation for depreciation in value of an interest in land that is payable under section 107 of the 1990 Act.

Compensation Determined under Part IV of the Town and Country Planning Act 1990

            E.61                Compensation is payable under sections 107, 108, 115, 144, 196C and 325 of the 1990 Act; section 37(4) of the 1984c Act; section 16 of the Planning (Hazardous Substances) Act 1990; section 163 of the Leasehold Reform, Housing and Urban Development Act 1993; section 21 of the 1998 Act; paragraph 31(5) of Schedule 24 to the Greater London Authority Act 1999; and section 190 of the Transport Act 2000. The Lands Tribunal has jurisdiction under section 118 of the 1990 Act to determine any question of disputed compensation that arises under these provisions.[19]

Compensation for Stop Notices

            E.62                A local planning authority may serve a “stop notice” under section 183 of the 1990 Act ordering the cessation of any activity on land before the coming into effect of an enforcement notice where it believes that it is expedient to do so. A person on whom a stop notice is served can apply to the local planning authority under section 186 for compensation. The Lands Tribunal has jurisdiction under section 186(6) of the 1990 Act to determine questions of disputed compensation.

Compensation for Tree Preservation/Replanting Order

            E.63                Persons may be entitled to compensation in respect of a tree preservation order or a direction to replant trees under sections 203 and 204 of the 1990 Act respectively. The Lands Tribunal has jurisdiction under section 205 of the 1990 Act to determine questions of disputed compensation under these provisions.

Compensation for Removing pre-1948 Advertisements

            E.64                A person may be required to remove advertisements under the Town and Country Planning (Control of Advertisement) Regulations 1992.[20] There is a limited entitlement under section 223 of the 1990 Act to compensation in respect of the removal of advertisements that were on display prior to 1 August 1948. The Lands Tribunal has jurisdiction under section 223(2) of the 1990 Act to determine any disputed question as to compensation payable.

Compensation for Order Extinguishing Right to Use Vehicles on Highway

            E.65                A local planning authority may issue an order under section 149 of the 1990 Act extinguishing the right of persons to use vehicles on a particular highway. A person who sustains depreciation in an interest in land or any other loss as a result of this order is entitled to compensation from the local planning authority. The Lands Tribunal has jurisdiction under section 250(6) of the 1990 Act to determine any disputed question as to the compensation payable.

Compensation of Statutory Undertakers

            E.66                Statutory undertakers are entitled to be compensated for the matters listed in section 280(1) of the 1990 Act. The Lands Tribunal has jurisdiction under section 282 of the 1990 Act to determine disputes as to the amount of compensation payable.

Compensation for Extinguishment of Inland Waterway Rights

            E.67                Sections 105(5) and (6) of the Transport Act 1968 provide that public or private navigation rights or other rights over inland waterways that arise under a local enactment shall cease to have effect. Any person who suffers a loss as a result of the extinguishment of such a right is entitled to be compensated by the Waterways Board. The Lands Tribunal has jurisdiction under section 105(7) of the 1968a Act to determine disputes as to the amount of compensation payable.

Compensation for Extinguishment of Canal Rights

            E.68                The Minister has power under section 112(1) of the 1968a Act to direct the cessation of navigation rights or other rights over canals (which are not comprised in the undertaking of the Waterways Board) that arise under a local enactment. Any person who suffers a loss as a result of the extinguishment of such a right is entitled to compensation. The Lands Tribunal has jurisdiction under section 112(4) of the 1968a Act to determine disputes as to the amount of compensation payable.

Compensation for Placing of Signs and Barriers

            E.69                A railway or tramway operator has power under section 52 of the Transport and Works Act 1992 to place signs or barriers in places where a railway or tramway crosses a private road or path. In order to do so the operator must receive an authorisation from the Secretary of State, which may stipulate that compensation is payable on certain grounds. The Lands Tribunal has jurisdiction under section 53(6) of the 1992 Act to determine any dispute as to compensation that may be able.

Compensation for Entry onto Land under Water Industry Act 1991

            E.70                Certain persons are entitled to enter onto land for specific purposes under Part II of Schedule 6 to the Water Industry Act 1991. A person who suffers damage as a result of the exercise of this power is entitled to compensation. The President of the Lands Tribunal has jurisdiction under paragraph 11(3)(a) of Part II of Schedule 6 to the 1991a Act to determine disputes as to the compensation payable where the Secretary of State is a party to that dispute (in all other cases the Secretary of State exercises this jurisdiction under paragraph 11(3)(b)).

Compensation for Non-acquisition Deprecations in Value

            E.71                Persons who sustain a depreciation in the value of their land as a result of the exercise of compulsory powers (not being acquisition powers) or the carrying out of operations by undertakers under the 1991a Act are entitled to compensation under paragraph 8 of Schedule 11 to the 1991a Act. The Lands Tribunal has jurisdiction under paragraph 8(6) of Schedule 11 to the 1991a Act to determine disputes as to the compensation payable.

Compensation for Pipe-Laying Works

            E.72                Persons who sustain a depreciation in the value of their land as a result of the exercise by an undertaker of pipe-laying powers under the 1991a Act are entitled to compensation under Schedule 12 to the 1991a Act. The Lands Tribunal has jurisdiction under paragraph 3 of Schedule 12 to the 1991a Act to determine disputes as to the compensation payable.

Compensation for Refraining from Mining

            E.73                Where the owner of mines or minerals underlying a water industry undertaker’s undertaking proposes to work them, he must serve a notice on the undertaker under paragraph 2 of Schedule 14 to the 1991a Act. The undertaker will then have the option of obliging the mine owner to refrain from mining in return for the payment of compensation. The Lands Tribunal has jurisdiction under paragraph 2(4) of Schedule 14 to the 1991a Act to determine disputes as to the amount of compensation payable.

Compensation for Revocation or Modification of Water Abstraction Licences

            E.74                The Environment Agency has powers under sections 54 and 55 of the Water Resources Act 1991 to revoke or modify certain water abstraction licences. A licence holder is entitled to compensation for expenditure incurred and loss or damage sustained as a result of the revocation or modification under section 61 of the 1991b Act. The Lands Tribunal has jurisdiction under section 61(5) of the 1991b Act to determine questions as to disputed compensation.

Compensation for Owner of Fishing Rights

            E.75                The owner of fishing rights is entitled to compensation under section 62 of the 1991b Act for damage that he sustains as a result of the decision of the Environment Agency under section 55 of the 1991b Act. The Lands Tribunal has jurisdiction under section 62(5) of the 1991b Act to determine questions as to disputed compensation.

Compensation for Drought Orders

            E.76                Persons with an interest in land are entitled to compensation under Schedule 9 to the 1991b Act where they sustain damage as the result of the entry onto their land by persons in pursuance of a drought order. The Lands Tribunal has jurisdiction under paragraph 3 of Schedule 9 to the 1991b Act to determine disputes as to the right to or amount of compensation payable.

Compensation for Non-acquisition Depreciation in Value

            E.77                Persons who sustain a depreciation in the value of their land as a result of the exercise of compulsory powers (not being acquisition powers) or the carrying out of operations by the Environment Agency under the 1991b Act are entitled to compensation under paragraph 8 of Schedule 19 to the 1991b Act. The Lands Tribunal has jurisdiction under paragraph 8(6) of Schedule 19 to the 1991b Act to determine disputes as to the compensation payable

Compensation for Entry onto Land under Water Resources Act 1991

            E.78                Certain persons are entitled to enter onto land for specific purposes under Schedule 20 to the 1991b Act. A person who suffers damage as a result of the exercise of these powers is entitled to compensation. The President of the Lands Tribunal has jurisdiction under paragraph 6(3)(a) of Schedule 20 to the 1991b Act to determine disputes as to the compensation payable where the Environment Agency is a party to that dispute (in all other cases the Environment Agency exercises this jurisdiction under paragraph 6(3)(b)).

Compensation for Pipe-Laying Works

            E.79                Persons who sustain a depreciation in the value of their land as a result of the exercise by the Environment Agency of pipe-laying powers under the 1991b Act are entitled to compensation under Schedule 21 to the 1991b Act. The Lands Tribunal has jurisdiction under paragraph 3 of Schedule 21 to the 1991b Act to determine disputes as to the compensation payable.

Compensation for Refraining from Mining

            E.80                Where the owner of mines or minerals underlying the Environment Agency’s undertaking proposes to work them, he must serve a notice on the Environment Agency under paragraph 2 of Schedule 23 to the 1991b Act. The Environment Agency will then have the option of obliging the mine owner to refrain from mining in return for the payment of compensation. The Lands Tribunal has jurisdiction under paragraph 2(4) of Schedule 23 to the 1991b Act to determine disputes as to the amount of compensation payable

Compensation for Entry onto Land by Welsh Development Agency

            E.81                The Welsh Development Agency has power under section 21A of the Welsh Development Agency Act 1975 to acquire land. The Agency may survey and inspect land in accordance with the provisions of Part IV of Schedule 4 to the 1975 Act with a view to exercising its power of acquisition. A person with an interest in land is entitled to compensation where that land is damaged as a result of the exercise of these powers. The Lands Tribunal has jurisdiction under paragraph 15(4) of Part IV of Schedule 4 to the 1975a Act to determine disputes as to compensation payable.

Compensation for Revocation of Decision or Consent in Connection with European Habitat Sites

            E.82                Where a project is affected by the revocation of a decision or consent under paragraph 3 of Schedule 3 to the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 1001,[21] an entitlement to compensation may arise under paragraphs 5 and 7 of Schedule 3. The Lands Tribunal has jurisdiction under paragraph 9 of Schedule 3 to the 2001 Regulations to determine disputes as to the amount of compensation payable.

Compensation for Damage to Lands (England)

            E.83                There is an entitlement to compensation for damage to lands under section 78G of the 1990b Act. Schedule 2 to the Contaminated Land (England) Regulations 1000[22] makes provision for the assessment of such compensation in respect of land in England. Paragraph 5(3) of Schedule 2 provides that no account shall be taken of any enhancement of the value of an interest in land by reason of work done on the land where the work in question was not necessary and was carried out for the purpose of obtaining compensation. The Lands Tribunal has jurisdiction under paragraph 6(3) of Schedule 2 to the 2000 Regulations to decide whether paragraph 5(3) is applicable to a claim for compensation.

Compensation for Damage to Lands (Wales)

            E.84                There is an entitlement to compensation for damage to lands under section 78G of the 1990b Act. Schedule 2 to the Contaminated Land (Wales) Regulations 2001[23] makes provision for the assessment of such compensation in respect of land in Wales. Paragraph 5(3) of Schedule 2 provides that no account shall be taken of any enhancement of the value of an interest in land by reason of work done on the land where the work in question was not necessary and was carried out for the purpose of obtaining compensation. The Lands Tribunal has jurisdiction under paragraph 6(3) of Schedule 2 to the 2001a Regulations to decide whether paragraph 5(3) is applicable to a claim for compensation.

Compensation for Damage to Lands (England and Wales)

            E.85                There is an entitlement to compensation for damage to lands under Regulation 12 and Schedule 6 to the Pollution Prevention and Control (England and Wales) Regulations 2000.[24]  Paragraph 6(3) of Schedule 6 provides that no account shall be taken of any enhancement of the value of an interest in land by reason of work done on the land where the work in question was not necessary and was carried out for the purpose of obtaining compensation. The Lands Tribunal has jurisdiction under paragraph 7(3) of Schedule 6 to the 2000a Regulations to decide whether paragraph 6(3) is applicable to a claim for compensation.

Compensation for Grant of Rights under Water Resources Act 1991

            E.86                Regulation 7 and the Schedule to the Anti-Pollution Works Regulations 1999[25] make provision for the payment of compensation in respect of a grant of rights under section 161B of the 1991b Act. The Lands Tribunal has jurisdiction under paragraph 6 of the Schedule to the 1999 Regulations to determine any question of disputed compensation.

Compensation under the Environment Protection Act 1990

            E.87                Section 35A of the 1990 Act gives rise to an entitlement to compensation in respect of the grant of certain rights under the 1990b Act. The Waste Management (Consultation and Compensation) Regulations 1999 make provision for the assessment of compensation payable under section 35A. Regulation 7(3) of the 1999a Regulations states that no account shall be taken of any enhancement of the value of an interest in land by reason of work done on the land where the work in question was not necessary and was carried out for the purpose of obtaining compensation. The Lands Tribunal has jurisdiction under Regulation 8(3) of the 1999a Regulations to decide whether Regulation 7(3) is applicable to a claim for compensation.

Compensation under Hedgerow Regulations 1997

            E.88                Persons may be authorised to enter land under Regulations 12 and 13 of the Hedgerow Regulations 1997.[26]  Any person who suffers damage to his land or chattels as a result of the exercise of these rights of entry is entitled to compensation. The Lands Tribunal has jurisdiction under Regulation 14(3) of the 1997 Regulations to determine any question of disputed compensation.

Compensation for Making a European Site Order

            E.89                Regulation 25 of the Conservation (Natural Habitats, etc) Regulations 1994[27] grants a right of compensation in respect of decreases in value to agricultural land that arise as a result of the making of a European conservation site order. The Lands Tribunal has jurisdiction under Regulation 92(3) of the 1994a Regulations to determine questions of disputed compensation.

Compensation for Effect of Byelaws in Connection with European Site Order

            E.90                Regulation 30 of the 1994a Regulations grants a right of compensation in respect of the loss of any right that arises as a result of the making of Byelaws under section 20 of the 1949b Act (pursuant to Regulation 28 of the 1994a Regulations). The Lands Tribunal has jurisdiction under Regulation 96(2) of the 1994a Regulations to determine questions of disputed compensation.

Compensation for Revoking Permissions in Connection with a European Site Order

            E.91                Competent authorities have power under Regulations 50, 71, 75 and 79 of the 1994a Regulations to order the revocation of permissions or consents in relation to land once that land has been designated a European conservation site. Compensation is payable under sections 97 and 115 of the 1990b Act in respect of revocations and modifications of planning permission and other consents. The Lands Tribunal has jurisdiction under Regulations 59(3), 74(4), 78(4), and 82(4) of the 1994a Regulations to determine disputes as to the amount of compensation payable under sections 97 and 115 of the 1990b Act that arise as a result of the making of an order under Regulations 50, 71, 75 and 79 of the 1994a Regulations.

Compensation for Channel Tunnel Security Order

            E.92                The Secretary of State has power under Part III of the Channel Tunnel (Security) Order 1994[28] to order the carrying out of works on land for the purpose of protecting channel trains and the tunnel system from acts of violence. Landowners are entitled to compensation under Article 34 of the 1994 Order for losses sustained as a result of the exercise of these powers. The Lands Tribunal has jurisdiction under paragraph 7 of Schedule 2 to the 1994 Order to determine questions of disputed compensation.

Section B:     Compulsory Purchases

            E.93                The Lands Tribunal exercises jurisdiction over certain disputes that arise in the context of a compulsory purchase of land by a public authority. The Compulsory Purchase Act 1965 lays down the general procedure for compulsory purchases to be followed by public authorities and the instances where the Lands Tribunal has jurisdiction to resolve disputes. The Land Compensation Act 1961 sets out the basic framework for calculating compensation that is payable as a result of a compulsory acquisition of land. In addition the Land Compensation Act 1973 provides for the payment of compensation in relation to specific matters. The Lands Tribunal has jurisdiction under both these enactments to determine disputes as to compensation payable. The foregoing list summarises the jurisdiction of the Lands Tribunal in connection with compulsory purchase disputes. The jurisdiction of the Lands Tribunal under the 1965 Act has been extended with modification on a number of occasions to deal with specific instances of compulsory purchases by public authorities or privatised utilities. These are treated as separate grounds of jurisdiction.

Compensation in respect of Compulsory Purchase

            E.94                A “notice to treat” is the initial notice served by an acquiring authority on interested persons in respect of land or buildings that it intends to purchase. It states, inter alia, the compensation proposed to be paid in respect of land that is being compulsorily purchased. The Lands Tribunal has jurisdiction under section 6 of the 1965 Act, to determine disputes in respect of compensation to be paid that are referred to it.

Compensation in respect of Expired Notice to Treat

            E.95                Sections 5(2A) and 5(2B) of the 1965 Act list the circumstances under which a notice to treat may expire. Section 5(2C) provides that the acquiring authority shall be liable to pay compensation to interested persons in respect of losses or expenses that result from the giving of the notice and its ceasing to have effect. In default of agreement between the parties the Lands Tribunal has jurisdiction under section 5(2D) of the 1965 Act to determine the compensation payable under section 5(2C).

Compensation in Respect of Severed Land/Buildings (1)

            E.96                Section 8 of the 1965 Act lays down the general rule that a person is not required to sell part only of land or premises if he is willing to sell the whole and the remaining part would be materially affected by the severance. The Lands Tribunal has jurisdiction under section 8(1) of the 1965 Act to determine whether the remaining part will be materially affected and to award compensation in respect of any detriment that will occur as a result of the severance.

Dispute in Relation to Connection between Severed Land

            E.97                Where land is severed as a result of a compulsory acquisition the acquiring authority may construct a connecting structure between the severed pieces of land. Where a severed piece of land is less than half an acre or is of less value than the proposed connecting structure and the owner has no other land adjoining it, the acquiring authority may compulsorily purchase the piece of land. The Lands Tribunal has jurisdiction under section 8(3) of the 1965 Act to determine any dispute as to the value of the piece of land or as to the cost of constructing a connecting structure.

Compensation for Injurious Affection

            E.98                A person with an interest in land that is “injuriously affected” by the execution of works carried out by an acquiring authority is entitled to be compensated for the loss suffered. The Lands Tribunal has jurisdiction under section 10(1) of the 1965 Act to determine any dispute that arises in relation to the compensation payable in respect of an injurious affection.

Compensation for Entry

            E.99                Once a notice to treat has been served the acquiring authority may enter the land in question. In particular the acquiring authority may enter the land for the purpose of carrying out surveys and ascertaining the nature of the soil. When any damage is thereby occasioned, the owners or occupiers are entitled to compensation. The Lands Tribunal has jurisdiction under section 11(3) of the 1965 Act to determine any dispute in connection with compensation that is so payable.

Determination in Respect of Mortgaged Land

            E.100                The acquisition authority has a general power under section 14 of the 1965 Act to purchase or redeem the interest of a mortgagee of any land that is subject to compulsory purchase. If the value of mortgaged land is less than the principal, interest and costs secured on the land, the value of the land or the compensation to be paid is required to be settled by agreement between the mortgagee, the person entitled to the equity of redemption and the acquiring authority. If the parties fail to reach agreement the Lands Tribunal has jurisdiction under section 15(1) of the 1965 Act to determine the matter.

Determination in Respect of Partially Mortgaged Land

            E.101                The Lands Tribunal has an identical jurisdiction to determine disputes that arise in connection with partially mortgaged land under section 16(1) of the 1965 Act.

Compensation for Interest Income Difference

            E.102                Where a mortgagee’s interest has been acquired and the mortgagee was required to accept payment of the principal at a time earlier than stipulated in the mortgage deed, the mortgagee is entitled to be compensated where the rate of interest secured by the mortgage exceeds the amount that can reasonably be expected to accrue on re-investment of the paid-off principal. The Lands Tribunal has jurisdiction under section 17(2) of the 1965 Act to determine the compensation in respect of the interest income shortfall in the event of a dispute between the parties.

Compensation for Release of Rentcharge

            E.103                The holder of a rentcharge[29] is entitled to be compensated for releasing the rentcharge on land that is compulsorily acquired. The Lands Tribunal has jurisdiction under section 18(1) of the 1965 Act to determine any dispute that arises between the acquiring authority and the holder of the rentcharge in respect of the compensation payable.

Apportionment of Land Subject to Rentcharge

            E.104                Where only part of land that is being compulsorily purchased is subject to a rentcharge the apportionment of the rentcharge may be settled by agreement. The Lands Tribunal has jurisdiction under section 18(2) of the 1965 Act to determine the apportionment in the event that the parties fail to reach agreement.

Apportionment of Rent

            E.105                Section 19 of the 1965 Act provides that the rent payable in respect of land that is partially acquired shall be apportioned accordingly. The apportionment may be settled by agreement between the lessor, lessee and acquiring authority. The Lands Tribunal has jurisdiction under section 19(2) of the 1965 Act to determine the apportionment when the parties fail to agree.

Compensation for Tenants at Will

            E.106                A person who holds an annual tenancy or one that is renewable annually in respect of land or part of land that is compulsorily acquired is entitled to compensation for the value of his unexpired term or interest in the land. The Lands Tribunal has jurisdiction under section 20(3) of the 1965 Act to determine the compensation payable in the event that the parties fail to reach agreement.

Compensation for Absent and Untraced Owners

            E.107                Where a person is prevented from treating with the acquiring authority on account of being absent from the UK or because he cannot be traced, the compensation to be paid in respect of the compulsory purchase of land is determined by a surveyor appointed by the Lands Tribunal in accordance with section 3 of the Lands Tribunal Act 1949. Where the absent or untraced person is dissatisfied with the amount of compensation so decided the Lands Tribunal has jurisdiction under paragraph 4 of Schedule 2 to the 1965 Act to determine the matter.

Compensation for Common Land

            E.108                Schedule 4 to the 1965 deals with the compensation payable in respect of compulsorily acquired land that is subject to rights in common. Where common land is not held of a manor, a committee of persons entitled to the common rights negotiates on behalf of all the holders of common rights.[30]  The Lands Tribunal has jurisdiction under paragraph 5(4) of Schedule 4 to the 1965 Act to determine the compensation in the event that the committee and the acquiring authority fail to reach agreement.

General Power to Determine Compensation for Compulsorily Acquired Land

            E.109                The 1961 Act grants a general jurisdiction to the Lands Tribunal to determine certain matters that arise in connection with the compulsory acquisition of land under any statute. The Lands Tribunal has jurisdiction under section 1 of the 1961 Act to determine (a) any question of disputed compensation in relation to compulsorily acquired land, and (b) any question as to the apportionment of rent payable under a lease where any part of the land to be acquired is subject to a lease which also contains land not acquired.

Determination of Costs

            E.110                The Lands Tribunal has jurisdiction under section 4 of the 1961 Act to make determinations in relation to the costs of compulsory acquisition proceedings before it.

Determination of Compensation for Withdrawal of Notice to Treat

            E.111                When an acquiring authority withdraws a notice to treat in respect of a compulsory acquisition proposed by it, the authority is liable under section 31(3) of the 1961 Act to pay compensation to the person to whom it was given in respect of any loss or expenses occasioned by them as a consequence of the withdrawal of the notice. The Lands Tribunal has jurisdiction under section 31(4) of the 1961 Act to determine the amount of compensation payable in the event the parties fail to reach agreement.

Certification of Value

            E.112                The Lands Tribunal has a general jurisdiction under section 35 of the 1961 Act to certify the value of land being sold by a person to an authority possessing compulsory acquisition powers, on application by that person. Section 35 provides that the certified value shall be deemed to be a sale at the best price that can reasonably be expected to be obtained.

Determination of Market Value of a Dwelling for Purpose of Home Loss Payment

            E.113                Part III of the 1973 Act makes provision for the payment of special compensation where a person is displaced from a dwelling as a result of a compulsory acquisition. The amount of the home loss payment is calculated by reference to the market value of the person’s interest in the dwelling. The Lands Tribunal has jurisdiction under section 30(3) of the 1973 Act to determine disputes as to the market value of the interest in the dwelling that is calculable in accordance with section 30(3)(b).

Calculation of Farm Loss Payment

            E.114                Section 35 of the 1973 Act makes provision for the payment of special compensation where an agricultural holding is compulsorily acquired. The amount of the farm loss payment is calculated by reference to the average annual profits derived from the agricultural purposes of the agricultural holding. The Lands Tribunal has jurisdiction under section 35(9) of the 1973 Act to determine any dispute as to the amount of farm loss payment payable.

Calculation of Disturbance Payment

            E.115                A person who is in lawful possession of land that is compulsorily acquired, but who is without a compensatable interest, is entitled to a “disturbance payment” under section 37 of the 1973 Act. Section 38 provides the method for calculating the disturbance payment. The Lands Tribunal has jurisdiction under section 38(4) of the 1973 Act to determine any dispute as to the amount of disturbance payment payable.

Determination of section 53 Counter Notice

            E.116                When an acquiring authority intends to compulsorily purchase land it serves a notice to treat on the persons with an interest in the land. In the case of agricultural land (which is held under a greater interest than a tenancy at will), the interested person can serve a counter-notice under section 53 of the 1973 Act on the acquiring authority. A section 53 counter-notice is a claim requiring the acquiring authority to purchase from the interested person the remaining land in the same agricultural unit where it cannot reasonably be farmed as a result of the purchase of part of the unit. If the acquiring authority does not agree in writing to accept the section 53 counter notice within two months of it being served, the Lands Tribunal has jurisdiction under section 54(1) of the 1973 Act to determine the matter.

Determination of section 55 Counter-Notice

            E.117                When an acquiring authority serves a notice of entry under section 11 of the 1965 Act on the person in occupation of an agricultural holding whose interest therein is no greater than an annually renewable tenancy and the notice covers just part of the holding, the said person can serve a counter-notice under section 55 of the 1973 Act. A section 55 counter-notice is a claim requiring the acquisition authority to extend the entry notice to include the remaining land in the agricultural unit. If the acquiring authority does not agree in writing within two months to accept the section 55 notice, the Lands Tribunal has jurisdiction under section 56(1) of the 1973 Act to determine the matter.

Compensation for Compulsory Acquisition of Agricultural Holding

            E.118                Section 12(1) of the Agriculture (Miscellaneous Provisions) Act 1968 applies the compensation provisions of section 60(2)(b) of the Agricultural Holdings Act 1986 to acquisitions by the acquiring authority of an agricultural holding from an agricultural tenant. The tenant is entitled to be compensated for the disturbance suffered as a result of such an acquisition. The Lands Tribunal has jurisdiction under paragraph 1 of Schedule 3 to the 1968 Act to determine any dispute that arises in connection with the payment of compensation under section 12(1).

Consideration of Excessive Compensation

            E.119                If by virtue of section 12 of the 1968 Act the compensation payable falls to be ascertained in pursuance of section 60(4) of the 1986 Act by reference to the rent of the holding and the acquiring authority considers it unduly high, it may apply to the Lands Tribunal under paragraph 2 of Schedule 3 to the 1968 Act, who may consider the matter.

Recovery of Excess Compensation

            E.120                The Compulsory Purchase (Vesting Declarations) Act 1981 applies the compensation provisions of the 1965 Act to situations where land specified in a general vesting declaration vests in an acquiring authority by virtue of the 1981a Act. Where it emerges that compulsorily acquired land was subject to an undisclosed encumbrance, the acquiring authority is entitled, pursuant to section 11 of the 1981b Act, to recover compensation and interest paid in respect of that land. The Lands Tribunal has jurisdiction under section 11(4) to determine any question as to the amount of compensation and interest that the claimant was entitled to, and the apportionment of the same.[31]

Determination of Severance Objection Notice

            E.121                Part 1 of Schedule 1 to the 1981b Act deals with the situation where a general vesting declaration executed in accordance with section 4 of the 1981b Act comprises of part only of a premises or its adjoining land. A person who is subject to such a declaration may serve a notice on the acquiring authority requiring them to purchase his interest in the whole. The acquiring authority may, pursuant to paragraph 4(1)(c) of Part 1 of Schedule 1 to the 1981b Act, refer the notice of objection to severance to the Lands Tribunal for its determination.

Compulsory Purchase in Connection with the Channel Tunnel

            E.122                Paragraph 3 of Part III of Schedule 5 to the Channel Tunnel Act 1987 makes provision for the compulsory purchase of part of certain properties in connection with the development of the channel tunnel. Paragraph 3 of Part III applies in place of section 8(1) of the Compulsory Purchase Act 1965 in relation to the service of a counter notice objecting to the sale of the part of the property subject to a compulsory acquisition notice. The effect of paragraph 3 of Part III of Schedule 5 to the 1987 Act is to extend the Lands Tribunal’s jurisdiction under the 1965 Act to include compulsory purchases in connection with the channel tunnel.

Compulsory Purchase in Connection with the Channel Tunnel Rail Link

            E.123                Paragraph 11 of Part III of Schedule 4 to the Channel Tunnel Rail Link Act 1996 makes provision for the compulsory acquisition of part of certain properties in connection with the development of the channel tunnel rail link. Paragraph 11 applies in place of section 8(1) of the 1965 Act in relation to the service of a counter notice objecting to the sale of the part of the property subject to the compulsory acquisition notice. The effect of paragraph 11 of Part III of Schedule 4 to the 1996 Act is to extend the Lands Tribunal’s jurisdiction under the 1965 Act to include compulsory purchases in connection with the channel tunnel rail link.

Compulsory Purchase by Electricity Licence Holders

            E.124                Schedule 3 to 1989 Act authorises electricity licence holders to compulsorily purchase land required for the carrying on by them of the activities of which they are licensed. The 1965 Act is applied with modifications to land or buildings that are so acquired. In particular paragraph 9 of Part II of Schedule 3 to the 1989 Act grants a modified jurisdiction to the Lands Tribunal to determine disputes that arise in connection with compensation for severed lands/buildings.

Compulsory Purchase of Wayleaves by Electricity Licence Holders

            E.125                An electricity licence holder can acquire wayleaves in respect of electricity transmission under paragraph 6 of Schedule 4 to the 1989 Act. The occupier of land over which a wayleave is acquired is entitled to compensation. The Lands Tribunal has jurisdiction under paragraph 7(4) of Schedule 4 to the 1989 Act to determine disputes that arise in connection with the payment of such compensation.

Compulsory Acquisitions under the Highways Act 1980.

            E.126                The Minister may compulsorily purchase certain lands and interests under sections 239 – 246 of the 1980 Act. Section 250 and Schedule 19 to the 1980 Act apply with modification the 1965 Act to compulsory purchases made under these sections. Their combined effect is to confer jurisdiction on the Lands Tribunal to determine disputes as to compensation that arise in respect of the compulsory purchase of such lands or interests. Section 261 lists specific factors to be taken into account by the Lands Tribunal in determining claims for compensation under the 1980 Act.

Consideration for Compulsory Transfer of Toll Highway

            E.127                The appropriate authority can compulsorily acquire the right to charge tolls in respect of a highway and the property in the said highway under section 271(1) of the 1980 Act. In the event of a dispute as to the consideration payable for such a compulsory transfer the Lands Tribunal has jurisdiction under section 271(3) of the 1980 Act to determine the matter.

Compulsory Purchases by Housing Action Trusts

            E.128                Housing action trusts can (when authorised by the Secretary of State) compulsorily purchase lands and certain rights[32] under section 77 of the Housing Act 1988. Section 77(7) applies the 1965 Act to compulsory purchases of land under section 77. In addition Part 1 of Schedule 10 to the 1988 Act applies a modified version of the 1965 Act to compulsory purchases of rights under section 77(5). The combined effect of sections 77(7) and Part 1 of Schedule 10 to the 1988 Act is to grant jurisdiction to the Lands Tribunal to determine disputes as to compensation payable in respect of land and rights compulsorily acquired under section 77.

Compulsory Purchase of Land by Urban Regeneration Agency

            E.129                The Urban Regeneration Agency has power under section 162 of the 1993a Act to compulsorily acquire land and rights over land. Part III of Schedule 20 to the 1993a Act applies with modification the provisions of the 1965 Act in relation to compulsory purchases made by the Agency. The combined effect of section 162 and Part III of Schedule 20 to the 1993a Act is to extend the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to include compulsorily purchases of land or rights over land by the Agency.

Compulsory Purchase of “Rights over Land” by Local Authorities

            E.130                Local authorities have power under section 13 of the 1976 Act to compulsorily purchase “rights over land”. Section 13(2) and Part II of Schedule 1 to the 1976 Act apply with modifications the 1965 Act to compulsory purchases that are made pursuant to section 13. The combined effect of section 13(2) and Part II of Schedule 1 to the 1976 Act is to extend the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to include determinations in relation to the compulsory purchases of rights over land by local authorities.

Compulsory Purchase of Land by Urban Development Corporations

            E.131                Urban development corporations can compulsorily purchase land under section 142 of the Local Government, Planning and Land Act 1980. Schedule 28 to the 1980b Act applies with modifications the 1965 Act to compulsory purchases that are made under section 142. The effect of Schedule 28 to the 1980b Act is to extend the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to include determinations in relation to the compulsory purchase of land by urban development corporations.

Compulsory Purchase of New Rights by Universal Service Provider

            E.132                Schedule 5 to the 2000a Act allows the Secretary of State to authorise a universal service provider (of postal services) to compulsorily purchase land and rights over land. In particular the universal service provider is empowered to compulsorily purchase “new rights”. The 1965 Act is applied by paragraph 5 of Schedule 5 to the 2000a Act to compulsory purchases of “new rights” by a universal service provider. The Lands Tribunal’s jurisdiction under section 8 of the 1965 Act is extended by paragraph 6 of Schedule 5 to the 2000a Act to include determinations in relation to the compulsory purchase of new rights.

Compulsory Purchase of Land by Regional Development Agency

            E.133                Regional development agencies have power under section 20 of the Regional Development Agencies Act 1998 to compulsorily acquire land when authorised to do so by the Secretary of State. Part II of Schedule 5 to the 1998 Act applies the 1965 Act to compulsory purchases that are made on foot of this power. The effect of paragraph 4 of Part II of Schedule 5 to the 1998 is to extend the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to include compulsory purchases by regional development agencies.

Validity of section 145 Counter-Notice

            E.134                A person with an interest in land greater than a tenancy at will can serve a counter-notice under section 145 of the 1990 Act demanding that the acquiring authority acquire the whole of an agricultural unit where only a part of it is proposed to be acquired. Where the acquiring authority fails within two months to agree to the terms of the section 145 counter-notice, the Lands Tribunal has jurisdiction under section 146 of the 1990 Act to determine the validity of such a notice.

Compulsory Purchase by Water Industry Undertakers

            E.135                Water industry undertakers have power under section 155 of the 1991a Act to compulsorily purchase land when authorised to do so by the Secretary of State. Section 155(5), 155(6) and Schedule 9 apply with modification the 1965 Act to compulsory purchases made by undertakers. The combined effect of section 155 and Schedule 9 to the 1991a Act is to extend the Lands Tribunal’s jurisdiction under section 8 of the 1965 Act in relation to compulsory purchases by water industry undertakers.

Compulsory Purchase by Environment Agency

            E.136                The Environment Agency has power, when authorised by the Secretary of State, to compulsorily purchase lands and new rights over land under section 154 of the 1991b Act. Schedule 18 to the 1991b Act applies with modification the 1965 Act to compulsory purchases made on foot of this power. The combined effect of section 154 and Schedule 18 to the 1991b Act is to extend the Lands Tribunal’s jurisdiction under section 8 of the 1965 Act to include determinations arising from the compulsory purchase of new rights by the Environment Agency.

Compulsory Purchase in Relation to East London Line Extension 

            E.137                The London Underground (East London Line Extension) Order 1997 and London Underground (East London Line Extension) (No. 2) Order 2001 enable the compulsory purchase of land in connection with the East London tube extension. Article 19 of the 1997 Order and Schedule 7 to the 2001 Order respectively extend with modification the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to determine disputes that arise in connection with compulsory purchases.

Compulsory Purchase in Relation to Silverton and London City Airport Extension

            E.138                The Docklands Light Railway (Silverton and London City Airport Extension) Order 2002[33] enables the compulsory purchase of land in connection with the Docklands Light Railway extension. Article 30 of the 2002 Order extends with modification the jurisdiction of the Lands Tribunal under section 8 of the 1965 Act to determine disputes that arise in connection with compulsory purchases.

Section C: matters Specific to London

            E.139                The Lands Tribunal has jurisdiction under a number of enactments that deal specifically with the carrying out of public works in London. In the foregoing list the term of reference for the relevant London local authority is the term used in each specific enactment despite the fact that the particular local government unit may have subsequently been reformed and renamed.

Compensation for Underpinning City of London Houses

            E.140                The Corporation of the City of London has power under section 6 of the City of London (Various Powers) Act 1965 to underpin or otherwise strengthen any house or building within 100 feet of any street improvement carried out by it. The Corporation is liable under section 6(3) to compensate the owners or occupiers of any house or building for any loss or damage suffered by them as a result of the exercise by the Corporation of its powers under section 6. The Lands Tribunal has jurisdiction under section 6(9) of the 1965b Act to determine any dispute that arises in connection with a claim for compensation under section 6.

Compensation under the City of London (Various Powers) Act 1967

            E.141                An entitlement to compensation in relation to the provision of support for city walkways and affixing of drainage apparatuses arises under section 16 of the City of London (Various Powers) Act 1967. The Lands Tribunals has jurisdiction under section 16(7) of the 1967 Act to determine any dispute that arises in connection with a claim for compensation under section 16.

Compensation for Construction of Walkway

            E.142                The Greater London Council can grant planning permission under section 12 of the Greater London Council (General Powers) Act 1969 with a condition that public walkways be provided. Section 21(1) of the 1969 Act provides that persons are entitled to be compensated for expenditure that arises as a result of the fulfilment of such a condition. The Lands Tribunal has jurisdiction under section 21(7) of the 1969 Act to determine disputes that arise in connection with a claim for such compensation.

Compulsory Purchase of Land for Public Walkways

            E.143                The Greater London Council has the power under section 22 of the 1969 Act to compulsorily purchase land for the purpose of laying out public walkways. A person adversely affected by the exercise of this power is entitled to compensation for the loss suffered. The Lands Tribunal has jurisdiction under section 22(6) of the 1969 Act to determine the amount of compensation payable.

Compensation Payable by Statutory Undertakers

            E.144                When the laying out of a public walkway is proposed, statutory undertakers (for example utility providers)[34] are entitled to be consulted in accordance with the provisions of section 25 of the 1969 Act. They can make a claim to acquire certain rights over the proposed walkways. Persons or local authorities that incur expenditure as a result of the acquisition of any such rights are entitled to be compensated by the statutory undertakers. The Lands Tribunal has jurisdiction under section 25(7)(c) of the 1969 Act to determine any dispute that arises in connection with the compensation payable.

Compensation for Refusal to Carry Out Works

            E.145                Section 4 of The Greater London Council (General Powers) Act 1986 allows the Council to incorporate any natural or artificial feature in London’s flood defences. Section 25(2)(c) provides that a person who proposes to carry out works on any natural or artificial feature that has been incorporated into London’s flood defences must first obtain the Council’s consent. If the Council refuses consent it is obliged to pay the owner compensation. The Lands Tribunal has jurisdiction under section 4(11) of the 1986a Act to determine any dispute as to the compensation payable.

Compensation for Closure of Building by London Councils

            E.146                London councils have power under section 23 of the London County Council (General Powers) Act 1962 to close buildings for the purpose of flood prevention. A person whose interest in a building is depreciated as a result of a closure is entitled to compensation. The Lands Tribunal has jurisdiction under section 24(2) of the 1962a Act to determine disputes as to the amount of compensation payable.

Compensation for Underpinning of Houses by London Councils

            E.147                London councils have power under section 9 of the London County Council (General Powers) Act 1963 to underpin or otherwise strengthen any building within one hundred feet of any “improvement” carried out by them. Owners and occupiers of houses are entitled to compensation for any loss or damage suffered as a result of the exercise of this power by a London council. The Lands Tribunal has jurisdiction under section 9(8) of the 1963 Act to determine any dispute as to the amount of compensation payable.

Compensation in Connection with Thames Barrier Work

            E.148                The Thames Barrier and Flood Prevention Act 1972 empowered the Greater London Council to construct and operate the Thames flood prevention barrier. The Lands Tribunal has jurisdiction under the 1972a Act to determine various disputes that may arise in connection with the operation of the barrier:[35]

                                            (1)             Section 20(1)(c): the Council may from time to time carry out certain work on delineated land. A person who suffers certain damage as a result of the exercise of these powers is entitled to compensation, which in the event of a dispute is determined by the Lands Tribunal; 

                                            (2)             Section 25(3)(e): the Council may carry out dredging work under section 25 and persons who suffer certain damage as a result thereof are entitled to compensation, which in the event of a dispute is determined by the Lands Tribunal;

                                            (3)             Section 44(2): disputes as to compensation for damage to undefended lands, existing jetties and buildings (that is ones constructed before 4 December 1971) caused by the closing of the Thames barrier gates are determined by the Lands Tribunal;

                                            (4)             Section 60(3)(b): disputes as to compensation for interference to watercourses resulting from execution of sea defence works by the River Authority are determined by the Lands Tribunal.

Compensation in Connection with the Vesting of Underground Works

            E.149                The Underground Works (London) Act 1956 granted certain powers to the Minister to traverse private lands in connection with the vesting of underground works that were constructed during the war. Compensation is payable to persons whose land is depreciated in value as a result of the exercise of these powers. The Lands Tribunal has jurisdiction under sections 3 and 4 of the 1956 Act to determine disputes as to the compensation payable. It is likely that this jurisdiction is now defunct.

Section D:     Taxation Disputes

            E.150                The Lands Tribunal has jurisdiction to determine certain taxation matters in relation to land. Principally, the Lands Tribunal has jurisdiction to hear appeals in relation to the value of land for chargeable gains purposes under the Taxes Management Act 1970. These tax “appeals” are not included in the appellate jurisdiction of the Lands Tribunal described in Part III below on the basis that they are not appeals from an independent administrative tribunal, but from officers of the Inland Revenue.

Appeals under the Taxes Management Act 1970

            E.151                The Lands Tribunal has jurisdiction under section 46D of the 1970 Act to hear appeals from decisions that relate to questions of the value of land or leases of land in the context of the taxation of chargeable gains. The Lands Tribunal has jurisdiction to hear appeals from the following decisions insofar as they concern valuation in the context of chargeable gains: (a) section 9C of the 1970 Act or paragraph 30 of Schedule 18 to the Finance Act 1998 - Inland Revenue officer’s amendment of self-assessment form; (b) Paragraph 34(2) of Schedule 18 to the 1998a Act – Inland Revenue officer’s amendment of return; (c) section 28A and 28B of the 1970 Act - Inland Revenue officer’s statement or conclusion; (d) any decision of an Inland Revenue officer that is a non-self assessment of tax; (e) Paragraph 7(2) of Schedule 1A to the 1970 Act – Inland Revenue officer’s statement or conclusion relating to a claim or election made otherwise than by being included in a return; (f) Paragraph 7(3) of Schedule 1A to the 1970 Act – Inland Revenue officer’s decision to disallow a claim or election made otherwise than by being included in a return.

            E.152                The Lands Tribunal also exercises an appellate jurisdiction in relation to Business Expansion Scheme relief. The Lands Tribunal has jurisdiction under section 47B of the 1970 Act to hear appeals, insofar as they relate to the value of an interest in land, where there has been a refusal by the Inland Revenue of BES relief under Chapter III of Part IV of the Income and Corporation Taxes Act 1988.

Determination of Value of Property that is Deemed a Transfer of Value

            E.153                The Board of the Inland Revenue has power to deem a particular transfer of land to be a “transfer of value” that may be subject to tax under section 221 of the Inheritance Tax Act 1984. A person affected by that determination may appeal it under section 222 of the 1984c Act. The Lands Tribunal has jurisdiction under section 222(4) of the 1984c Act to determine any question as to the value of land in connection with such an appeal.

Determination of Value of Land in Stamp Duties Appeal

            E.154                The Inland Revenue can serve a notice under Regulation 6 of the Stamp Duty Reserve Tax Regulations 1986[36] where it appears to it that certain transactions or surrenders have taken place. A person on whom such a notice has been served can appeal to the Special Commissioners or the High Court. The Lands Tribunal has jurisdiction under Regulation 8(4) of the 1986 Regulations to determine, on appeal, any question as to the value of land that is disputed.

Section E:     Miscellaneous

            E.155                The Lands Tribunal exercises jurisdiction over matters that do not fall directly into categories A to D above. They possess in common, like all grounds of jurisdiction exercised by the Lands Tribunal, a connection to differences that arise in relation to land. The jurisdiction granted to the Lands Tribunal under the enabling Lands Tribunal Act 1949 has declined in significance over the years (though the arbitration jurisdiction remains important). Also included in this section are matters over which the Lands Tribunal has a residual jurisdiction only on account of the repeal of legislation.

Determination of Matters under Lands Tribunal Act 1949

            E.156                The Lands Tribunal has jurisdiction to consider the following matters under the 1949 Act:[37]

(a) Section 1(3)(b): any question as to compensation under the Land Clauses Acts, where the claim is for injurious affection of any land;

(b) Section 1(3)(c): any question as the apportionment of charges under section 116 of the Lands Clauses Consolidation Act 1845;

(c) Section 1(3)(e): any question as to water rates appeals which can be appealed to the County Court under sections 62 and 87 of the Local Government Act 1948;

(d) Section 1(4)(a): matters that are within the jurisdiction of the Authority under section 84 of the Law of Property Act 1925.[38]

 Arbitration

            E.157                The Lands Tribunal has jurisdiction under section 1(5) of the 1949 Act to act as arbitrator in matters that are referred to it on consent of the parties concerned.[39] One facet of this jurisdiction is that it creates a kind of “transferred” jurisdiction in relation to the Valuation Tribunal. Instead of bringing a case before the Valuation Tribunal, parties may agree to refer the question to arbitration.[40] Parties may agree to appoint the Lands Tribunal as arbitrator. This can save parties intending to take a case before the Lands Tribunal the time and cost of a hearing before the Valuation Tribunal, but it is rarely used in practice.

Discharge or Modification of Restrictive Covenants that Affect Land

            E.158                The Lands Tribunal has jurisdiction under section 84 of the 1925 Act (as conferred by section 1(4)(a) of the 1949 Act) to wholly or partially modify restrictive covenants on application to it by any person interested in the freehold of land.[41]

Rights of Light Applications

            E.159                Where a building is erected the owner may acquire a prescriptive right to light across adjacent land if it is enjoyed for 20 years without interruption of a year or more. Under section 2 of the Rights of Light Act 1959 the owner of adjacent land may apply to the local authority for the registration of a notice stating that it intends to erect a structure that would be equivalent to an obstruction of the right of light. A certificate of the Lands Tribunal must accompany the application to the local authority. The Lands Tribunal has jurisdiction under section 3 of the 1959 Act to issue a certificate stating that adequate notice of the proposed application has been given to all affected persons or a temporary certificate in the case of exceptional urgency.[42]

Disputes under the Coal Mining Subsidence Act 1991

            E.160                The Lands Tribunal has jurisdiction under section 40 of the Coal Mining Subsidence Act 1991 to determine any question (except as otherwise provided) arising under the 1991c Act in default of agreement between the parties concerned.

Variation to Schedule of Remedial Works

            E.161                Section 6 of the 1991 Act provides that the British Coal Corporation shall send to a claimant and other interested parties a Schedule specifying the remedial works to be carried out in respect of damage covered by the 1991c Act. An interested party can request that a variation to the Schedule of remedial works be made and where there is no agreement on the proposed variation the Lands Tribunal has jurisdiction under section 6(6) of the 1991c Act to determine the matter.

Disputes in Relation to Subsidence Matters

            E.162                Section 47 of the Coal Industry Act 1994 includes disputes that relate to subsidence that affect particular land covered by the 1994 Act within the jurisdiction of Lands Tribunal, as exercised pursuant to section 40 of the 1991c Act.

Disputes under the Coastal Protection Act 1949

            E.163                The Coastal Protection Act 1949 provides in sections 7(7), 14(2) and 19(3) that disputes arising under sections 7, 14 and 19 respectively shall be determined by arbitration. The Lands Tribunal has jurisdiction under section 24 of the 1949b Act to determine matters under the 1949b Act that must be determined by arbitration.

Determination of Forestry Disputes

The Lands Tribunal has jurisdiction under section 31 of the Forestry Act 1967 to determine disputes that fall to be considered by it under the 1967 Act. There are four instances under the 1967a Act where the Lands Tribunal may be required to determine a dispute:

(a) Section 11(6): compensation for refusal of felling licence;

(b) Section 14(4)(b): price payable by Forestry Commission for trees felled in accordance with approved working plan;

(c) Section 21(2): terms of easement or other right over adjoining land where a forced sale of land is made;

(d) Section 22(3): price of trees in respect of land transferred under section 21.

Determination of Rateable Value

            E.164                A tenant is entitled to compensation under section 37 of the Landlord and Tenant Act 1954 where an order for a new tenancy is precluded on certain grounds. The compensation is calculated by reference to the rateable value of the property in question. A dispute between the landlord and tenant as to the amount of compensation payable by reference to the rateable value is, at first instance, referred to the valuation officer. The Lands Tribunal has jurisdiction under section 37(5) of the 1954 Act to hear an appeal of the decision of the valuation officer. The Lands Tribunal’s decision is final.

Appeal of Rentcharge Apportionment Order

            E.165                The owner of land that is partially affected by a rentcharge may apply to the Secretary of State for an order under section 5 of the Rentcharges Act 1977 to apportion the rentcharge. A rentcharge is any periodic sum charged on or issuing out of land (except rent and sum payable by way of interest).[43] The Lands Tribunal has jurisdiction under section 6 of the 1977 Act to hear appeals from decisions of the Secretary of State where a person is aggrieved by the apportionment order. The Lands Tribunal may set aside or confirm the apportionment order.

Disputes as to Rentcharges

            E.166                A rentcharge claim can be made pursuant to Regulation 10 of the Town and Country Planning (Compensation and Certificates) Regulations 1974[44] in respect of claims arising under Part VII of the Town and Country Planning Act 1971 (as continued in force by the Planning (Consequential Provisions) Act 1990). The Lands Tribunal has jurisdiction under Regulation 12 of the 1974 Regulations to determine disputed claims as to rentcharges.

Objection to section 150 Blight Notice

            E.167                A person with an interest in agricultural land that is blighted by the proposals of a public authority may serve a notice under section 150 of the 1990 Act requiring the authority to purchase that interest. The authority can object to this demand by serving a counter-notice under section 151 of the 1990 Act. The Lands Tribunal has jurisdiction under section 153 of the 1990 Act to decide whether or not to uphold the authority’s objection.

Objection to section 158 Blight Notice

            E.168                A person with an interest in agricultural land that is partially blighted by the proposals of a public authority can serve a notice under section 158 of the 1990 Act requiring the authority to purchase the whole of agricultural unit that he owns. The authority may object to this notice and the Lands Tribunal has jurisdiction to decide whether or not to uphold an objection under section 159 of the 1990 Act.

Objections to Creation of Right of Way

            E.169                Section 68 of the Countryside and Rights of Way Act 2000 make provision for the establishment of rights of way for vehicular access across common land. The Vehicular Access Across Common and Other Land (England) Regulations 1002[45] establish the procedure for persons wishing to establish a right of way. The Lands Tribunal has jurisdiction under Regulation 10 of the 2002 Regulations to resolve disputes when there is an objection to the creation of a right of way for vehicular access.

Residual Jurisdiction

            E.170                The Lands Tribunal has jurisdiction to determine disputed questions as to compensation under (a) Article 22 of the Control of Off-Street Parking (England and Wales) (Metropolitan Districts) Order 1986,[46] (b) Article 22 of the Control of Off-Street Parking (England and Wales) Order 1978, (c) Regulation 7 the Government Oil Pipelines Regulations 1959,[47] (d) Regulation 3 of the Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952[48] and (e) Regulation 3 of the Lands Tribunal (War Damage Appeals Jurisdiction) Order 1950. The enactments under which the above compensation arises have been repealed and therefore the Lands Tribunal only exercises a residual jurisdiction.

part iii
Jurisdiction – Appellate

            E.171                The Lands Tribunal exercises an appellate jurisdiction over all decisions of the Leasehold Valuation Tribunal (see review of Leasehold Valuation Tribunal) and certain decisions of the Valuation Tribunal (see review of Valuation Tribunal). The table below summarises the position.

Appellate Jurisdiction Table

Tribunal	Matter	Legislative Basis
Leasehold Valuation Tribunal	Any decision	Section 175 of the 2002 Act
Valuation Tribunal	Non-Domestic Rates	Regulation 47 of the 1993 Regulations and Regulation 13 of the 1995 Regulations
Valuation Tribunal	Old Rates	See Paragraphs D.176 and D.177 below
Valuation Tribunal	Drainage Rates	Section 46(6) of the 1991 Act and section 77 of the General Rate Act 1967

 

            E.172                The appellate jurisdiction of the Lands Tribunal in respect of decisions by the Leasehold Valuation Tribunal is straightforward. Section 175(1) of the Commonhold and Leasehold Reform Act 2002 simply states that a party to proceedings before a Leasehold Valuation Tribunal may appeal the matter to the Lands Tribunal. The Lands Tribunal is not restricted to considering questions of law and under section 175(3) may exercise any power that was available to the Leasehold Valuation Tribunal. Section 175(8) of the 2002 Act makes it clear that the only appeal route out of the Leasehold Valuation Tribunal is to the Lands Tribunal.

            E.173                The appellate jurisdiction of the Lands Tribunal in respect of decisions by the Valuation Tribunal is more complicated. Only decisions of the Valuation Tribunal relating to (i) non-domestic rates, (ii) old rates[49] and (iii) drainage rates may be appealed to the Lands Tribunal. Decisions of the Valuation Tribunal in relation to community charges and council tax can be appealed to the High Court. The paramount appellate provision is paragraph 11(1)(b) of Schedule 11 to the Local Government Finance Act 1988, which permits the granting of appellate jurisdiction to the Lands Tribunal in respect of decisions under paragraph 4 of Schedule 4A and the Regulations made pursuant to section 55 of the 1988a Act.

            E.174                The appellate jurisdiction of the Lands Tribunal in respect of non-domestic rate decisions of the Valuation Tribunal derives from Regulation 47(1) of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993[50] (England) and Regulation 13 of the Valuation Tribunal Wales, Regulations 1995[51] (Wales).

            E.175                The appellate jurisdiction of the Lands Tribunal in respect of old rates is very complex. The appellate jurisdiction previously exercised by Local Valuation Courts was transferred to Valuation Tribunals under the Valuation and Community Charge (Transfer of Jurisdiction) Regulations 1989.[52] These Regulations did not make provision for further appeals to the Lands Tribunal. However, savings to the relevant legislation mean that if an appeal against a Local Valuation Court decision previously lay to the Lands Tribunal, it continues to do so in respect of the transferred appellate jurisdiction exercised by Valuation Tribunals. Regulation 3(1) of the General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990[53] saves provisions in the 1967 Act insofar as they continue to have effect after 1 April 1990. The residual jurisdiction once exercised by Local Valuation Courts under sections 73(2)(b), 74(3), 75 and 83(6) is now exercised by Valuation Tribunals. Under section 77 of the 1967b Act, decisions on appeal by a Local Valuation Court under section 73(2)(b), 74(3) and 75 could be appealed to the Lands Tribunal. The effect of the savings Regulations is to permit an appeal to the Lands Tribunal of decisions now made by Valuation Tribunals under these sections. An appeal to the Lands Tribunal also lies against a decision made by a Valuation Tribunal under the section 83(6) jurisdiction by virtue of section 83(8)[54] of the 1967b Act that also survives as a result of the savings Regulations.

            E.176                By virtue of section 2(5C) and paragraph 11(3) of Schedule 1 to the Rating (Disabled Persons) Act 1978 a decision by a Local Valuation Court under section 2(5B) and paragraph 11(2) respectively could be appealed to the Lands Tribunal. The Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990[55] saved this appellate jurisdiction insofar as it relates to the transferred jurisdiction now exercised by Valuation Tribunals. Such decisions may therefore be appealed to the Lands Tribunal. A similar situation pertains to appeals to a Valuation Tribunal in relation to the transferred jurisdiction previously exercised by Local Valuation Courts pursuant to Regulation 6 of the Mixed Hereditaments (Certificate) Regulations 1967[56] as a result of the savings made by Regulation 4(1) of the General Rate Act 1967 and Related Provisions (Savings and Consequential Provision) Regulations 1990. Regulation 8 of the 1967 Regulations permitted a further appeal to the Lands Tribunal in accordance with section 77 of the 1967b Act. Likewise an appeal by a Valuation Tribunal on foot of the transferred jurisdiction may be appealed to the Lands Tribunal. The jurisdiction of the Lands Tribunal in respect of old rates appeals is fully accounted for in this and the previous paragraph.

            E.(177)                Finally, appeals heard by a Valuation Tribunal in relation to drainage rates may be appealed to the Lands Tribunal. Section 46(6) of the Land Drainage Act 1991 applies section 77 of the 1967b Act to appeals heard by a Valuation Tribunal pursuant to section 45 of the 1991 Act, that is an appeal of a decision thereunder may be made to the Lands Tribunal. Similarly section 79(5) of the Land Drainage Act 1976 applied section 77 of the 1967 Act to appeals heard by a Local Valuation Court pursuant to section 78 of the 1976a Act. While these provisions were repealed by the Water Consolidation (Consequential Provisions) Act 1991 the savings therein allow for appeals to be made to the Lands Tribunal from decisions of a Valuation Tribunal exercising the section 78 jurisdiction that was transferred by Regulation 3(1)(d) of the 1989 Regulations.

part iv
Territorial jurisdiction and further appeals

            E.178                Two separate Lands Tribunals were established under the 1949 Act. One for Scotland and another for the remainder of the United Kingdom. A separate Lands Tribunal for Northern Ireland was established under the Lands Tribunal and Compensation Act (Northern Ireland) 1964. The Lands Tribunal for England and Wales is therefore a distinct tribunal. The Lands Tribunal for England and Wales does not subdivide into regions. Its territorial jurisdiction is as a homogenous one over the whole of England and Wales. The devolution of powers to the National Assembly for Wales has not affected the territorial jurisdiction of the Lands Tribunal. The Lord Chancellor’s supervisory functions over the Lands Tribunal were not transferred by the National Assembly for Wales (Transfer of Functions) Order 1999.[57]

            E.179                The matter of appeals from the Lands Tribunal itself is straightforward. Section 3(4) of the 1949 Act states that a decision of the Lands Tribunal is final. The proviso to that section states, however, that an aggrieved person may appeal to the Court of Appeal[58] on a point of law. An appeal on a point of law to the Court of Appeal therefore lies from a decision of the Lands Tribunal. There is possibly one exception to this right of appeal. Section 222(4)(c) of the 1984c Act states that decisions of the Lands Tribunal thereunder are final. It is unclear whether this would be read in light of the proviso to section 3(4) of the 1949 Act.

SCHEDULE

Table of Abbreviations

Statutes

1845 Act         Railway Clauses Consolidation Act 1845

1925 Act         Law of Property Act 1925

1939 Act         Compensation (Defence) Act 1939

1941 Act         Public Health Act 1941

1949 Act         Lands Tribunal Act 1949

1949a Act         National Parks and Access to the Countryside Act 1949

1949b Act         Coastal Protection Act 1949

1954 Act         Landlord and Tenant Act 1954

1956 Act         Underground Works (London) Act 1956

1958 Act         Land Powers (Defence) Act 1958

1958a Act         Opencast Coal Act 1958

1959 Act         Rights of Light Act 1959

1961 Act         Land Compensation Act 1961

1962 Act         Pipelines Act 1962

1962a Act         London County Council (General Powers) Act 1962

1963 Act         London County Council (General Powers) Act 1963

1965 Act         Compulsory Purchase Act 1965

1965a Act         Gas Act 1965

1965b Act         City of London (Various Powers) Act 1965

1967 Act         City of London (Various Powers) Act 1967

1967a Act         Forestry Act 1967

1967b Act         General Rate Act 1967

1968 Act         Agriculture (Miscellaneous Provisions) Act 1968

1968a Act         Transport Act 1968

1969 Act         Greater London Council (General Powers) Act 1969

1970 Act         Taxes Management Act 1970

1972 Act         Criminal Justice Act 1972

1972a Act         Thames Barrier and Flood Prevention Act 1972

1973 Act         Land Compensation Act 1973

1975 Act         Reservoirs Act 1975

1975a Act         Welsh Development Act 1975

1976 Act         Local Government (Miscellaneous Provisions) Act 1976

1976a Act         Land Drainage Act 1976

1977 Act         Rentcharges Act 1977

1979 Act         Ancient Monuments and Archaeological Areas Act 1979

1980 Act         Highways Act 1980

1980a Act         Housing Act 1980

1980b Act         Local Government, Planning and Land Act 1980

1981 Act         Acquisition of Land Act 1981

1981a Act         New Towns Act 1981

1981b Act         Compulsory Purchase (Vesting Declarations) Act 1981

1982 Act         Aviation Security Act 1982

1982a Act         Civil Aviation Act 1982

1983 Act         National Heritage Act 1983

1984 Act         Cycle Tracks Act 1984

1984a Act         Road Traffic Regulation Act 1984

1984b Act         Telecommunications Act 1984

1984c Act         Inheritance Tax Act 1984

1985 Act         Mineral Workings Act 1985

1986 Act         Agricultural Holdings Act 1986

1986a Act         Greater London Council (General Powers) Act 1986

1987 Act         Channel Tunnel Act 1987

1988 Act         Housing Act 1988

1988a Act         Local Government Finance Act 1988

1989 Act         Electricity Act 1989

1990 Act         Town and Country Planning Act 1990

1990a Act         Aviation and Maritime Security Act 1990

1990c Act         Planning (Listed Buildings and Conservation Areas) Act 1990

1990d Act         Planning (Consequential Provisions) Act 1990

1991 Act         Land Drainage Act 1991

1991a Act         Water Industry Act 1991

1991b Act         Water Resources Act 1991

1991c Act         Coal Mining Subsidence Act 1991

1992 Act         Transport and Works Act 1992

1993 Act         Cardiff Bay Barrage Act 1993

1993a Act         Leasehold Reform, Housing and Urban Development Act 1993

1994 Act         Coal Industry Act 1994

1995 Act         British Waterways Act 1995

1996 Act         Channel Tunnel Rail Link Act 1996

1998 Act         Regional Development Agencies Act 1998

1998a Act         Finance Act 1998

2000 Act         Fur Farming (Prohibition) Act 2000

2000a Act         Postal Services Act 2000

2002 Act         Commonhold and Leasehold Reform Act 2002

 

Statutory Instruments

1974 Regulations     Town and Country Planning (Compensation and Certificate)           Regulations 1974

1986 Regulations     Stamp Duty Reserve Tax Regulations 1986

1989 Regulations     Valuation and Community Charge (Transfer of Jurisdiction)                Regulations 1989

1994 Regulations     Conservation (Natural Habitats &c) Regulations 1994

1994 Order          Channel Tunnel (Security) Order 1994

1997 Order          London Underground (East London Line Extension) Order,              1997

1997 Regulations     Hedgerow Regulations 1997

1999 Regulations     Anti-Pollution Works Regulations 1999

1999a Regulations     Waste Management (Consultation and Compensation)                     Regulations 1999

2000 Regulations     Contaminated Land (England) Regulations 1000

2000a Regulations     Pollution Prevention and Control (England and Wales)                  Regulations 1000

2001 Regulations     Environmental Impact Assessment (Uncultivated and Semi-               natural Areas) (England) Regulations 1001

2001a Regulations     Contaminated Land (Wales) Regulations 1001

2001 Order          London Underground (East London Line Extension) Order,              2001

2002 Regulations     Vehicular Access Across Common and Other Land (England)           Regulations 1002

2002 Order          Docklands Light Railway (Silverton and London City Airport              Extension) Order 2002