|
|
| |
| | |
|
| “(6A) | The Secretary of State must consult a person or body before making |
|
| an order under subsection (1)(f) specifying that person or body.” |
|
| (9) | In section 420(8) of that Act (orders subject to annulment) after the entry for |
|
| section 395 insert “401A(1)(f);”.” |
|
|
226 | Insert the following new Clause— |
|
| |
| Compensation for compulsory acquisition |
|
| Taking account of planning permission when assessing compensation |
|
| (1) | The Land Compensation Act 1961 is amended as follows. |
|
| (2) | For sections 14 to 16 (assumptions as to planning permission) substitute— |
|
| “14 | Taking account of actual or prospective planning permission |
|
| (1) | This section is about assessing the value of land in accordance with |
|
| rule (2) in section 5 for the purpose of assessing compensation in |
|
| respect of a compulsory acquisition of an interest in land. |
|
| (2) | In consequence of that rule, account may be taken— |
|
| (a) | of planning permission, whether for development on the |
|
| relevant land or other land, if it is in force at the relevant |
|
| |
| (b) | of the prospect, on the assumptions set out in subsection (5) |
|
| but otherwise in the circumstances known to the market at |
|
| the relevant valuation date, of planning permission being |
|
| granted on or after that date for development, on the |
|
| relevant land or other land, other than— |
|
| (i) | development for which planning permission is in |
|
| force at the relevant valuation date, and |
|
| (ii) | appropriate alternative development. |
|
| (3) | In addition, it may be assumed— |
|
| (a) | that planning permission is in force at the relevant valuation |
|
| date for any development that is appropriate alternative |
|
| development to which subsection (4)(b)(i) applies, and |
|
| (b) | that, in the case of any development that is appropriate |
|
| alternative development to which subsection (4)(b)(ii) |
|
| applies and subsection (4)(b)(i) does not apply, it is certain |
|
| at the relevant valuation date that planning permission for |
|
| that development will be granted at the later time at which |
|
| at that date it could reasonably have been expected to be |
|
| |
| (4) | For the purposes of this section, development is “appropriate |
|
| alternative development” if— |
|
| (a) | it is development, on the relevant land alone or on the |
|
| relevant land together with other land, other than |
|
| development for which planning permission is in force at |
|
| the relevant valuation date, and |
|
|
|
| |
| | |
|
| (b) | on the assumptions set out in subsection (5) but otherwise in |
|
| the circumstances known to the market at the relevant |
|
| valuation date, planning permission for the development |
|
| could at that date reasonably have been expected to be |
|
| granted on an application decided— |
|
| |
| (ii) | at a time after that date. |
|
| (5) | The assumptions referred to in subsections (2)(b) and (4)(b) are— |
|
| (a) | that the scheme of development underlying the acquisition |
|
| had been cancelled on the launch date, |
|
| (b) | that no action has been taken (including acquisition of any |
|
| land, and any development or works) by the acquiring |
|
| authority wholly or mainly for the purposes of the scheme, |
|
| (c) | that there is no prospect of the same scheme, or any other |
|
| project to meet the same or substantially the same need, |
|
| being carried out in the exercise of a statutory function or by |
|
| the exercise of compulsory purchase powers, and |
|
| (d) | if the scheme was for use of the relevant land for or in |
|
| connection with the construction of a highway (“the scheme |
|
| highway”), that no highway will be constructed to meet the |
|
| same or substantially the same need as the scheme highway |
|
| would have been constructed to meet. |
|
| (6) | In subsection (5)(a) “the launch date” means whichever of the |
|
| |
| (a) | if the acquisition is authorised by a compulsory purchase |
|
| order, the date of first publication of the notice required |
|
| under section 11 of the Acquisition of Land Act 1981 or (as |
|
| the case may be) paragraph 2 of Schedule 1 to that Act, |
|
| (b) | if the acquisition is authorised by any other order— |
|
| (i) | the date of first publication, or |
|
| (ii) | the date of service, |
|
| | of the first notice that, in connection with the acquisition, is |
|
| published or served in accordance with any provision of or |
|
| |
| (c) | if the acquisition is authorised by a special enactment other |
|
| than an order, the date of first publication of the first notice |
|
| that, in connection with the acquisition, is published in |
|
| accordance with any Standing Order of either House of |
|
| Parliament relating to private bills; |
|
| | and in paragraph (a) “compulsory purchase order” has the same |
|
| meaning as in the Acquisition of Land Act 1981. |
|
| (7) | In subsection (5)(d) references to the construction of a highway |
|
| include its alteration or improvement. |
|
| (8) | If there is a dispute as to what is to be taken to be the scheme |
|
| mentioned in subsection (5) (“the underlying scheme”) then, for the |
|
| purposes of this section, the underlying scheme is to be identified |
|
| by the Upper Tribunal as a question of fact, subject as follows— |
|
| (a) | the underlying scheme is to be taken to be the scheme |
|
| provided for by the Act, or other instrument, which |
|
| authorises the compulsory acquisition unless it is shown (by |
|
| either party) that the underlying scheme is a scheme larger |
|
|
|
| |
| | |
|
| than, but incorporating, the scheme provided for by that |
|
| |
| (b) | except by agreement or in special circumstances, the Upper |
|
| Tribunal may permit the acquiring authority to advance |
|
| evidence of such a larger scheme only if that larger scheme |
|
| is one identified in the following read together— |
|
| (i) | the instrument which authorises the compulsory |
|
| |
| (ii) | any documents published with it. |
|
| (9) | For the purposes of the references to planning permission in |
|
| subsections (2)(a) and (b)(i) and (4)(a) and section 15(1)(c), it is |
|
| immaterial whether any planning permission was granted— |
|
| (a) | unconditionally or subject to conditions, or |
|
| (b) | on an ordinary application, on an outline application or by |
|
| virtue of a development order, |
|
| | or is planning permission that, in accordance with any direction or |
|
| provision given or made by or under any enactment, is deemed to |
|
| |
| 15 | Planning permission to be assumed for acquiring authority’s |
|
| |
| |
| (a) | the relevant interest is to be acquired for purposes which |
|
| involve the carrying out of proposals of the acquiring |
|
| authority for development of the relevant land or part of it, |
|
| |
| (b) | planning permission for that development is not in force at |
|
| the relevant valuation date, |
|
| | it is to be assumed for the purposes of section 14(2)(a) and (b)(i) and |
|
| (4)(a) that planning permission is in force at the relevant valuation |
|
| date for the development of the relevant land or that part of it, as |
|
| the case may be, in accordance with the proposals of the acquiring |
|
| |
| (2) | For the purposes of subsection (1)(a), no account is to be taken of |
|
| any planning permission so granted as not to enure (while the |
|
| permission remains in force) for the benefit of the land and of all |
|
| persons for the time being interested in the land.” |
|
| (3) | For sections 17 and 18 (certification of appropriate alternative development |
|
| and appeals against certificates) substitute— |
|
| “17 | Certificates of appropriate alternative development |
|
| (1) | Where an interest in land is proposed to be acquired by an authority |
|
| possessing compulsory purchase powers, either of the parties |
|
| directly concerned may (subject to subsection (2)) apply to the local |
|
| planning authority for a certificate containing whichever of the |
|
| following statements is the applicable statement— |
|
| (a) | that in the local planning authority’s opinion there is |
|
| development that, for the purposes of section 14, is |
|
| appropriate alternative development in relation to the |
|
| |
| (b) | that in the local planning authority’s opinion there is no |
|
| development that, for the purposes of section 14, is |
|
|
|
| |
| | |
|
| appropriate alternative development in relation to the |
|
| |
| |
| (a) | the acquiring authority have served a notice to treat in |
|
| respect of the interest or an agreement has been made for the |
|
| sale of the interest to that authority, and |
|
| (b) | a reference has been made to the Upper Tribunal to |
|
| determine the amount of the compensation payable in |
|
| |
| | no application for a certificate under this section may be made after |
|
| the making of that reference by either of the parties directly |
|
| concerned except with the consent in writing of the other party |
|
| directly concerned or the permission of the Upper Tribunal. |
|
| (3) | An application for a certificate under this section— |
|
| (a) | must contain whichever of the following statements is the |
|
| |
| (i) | that in the applicant’s opinion there is development |
|
| that, for the purposes of section 14, is appropriate |
|
| alternative development in relation to the |
|
| |
| (ii) | that in the applicant’s opinion there is no |
|
| development that, for the purposes of section 14, is |
|
| appropriate alternative development in relation to |
|
| the acquisition concerned; |
|
| (b) | must, if it contains a statement under paragraph (a)(i), |
|
| |
| (i) | each description of development that in the |
|
| applicant’s opinion is, for the purposes of section 14, |
|
| appropriate alternative development in relation to |
|
| |
| (ii) | the applicant’s reasons for holding that opinion; and |
|
| (c) | must be accompanied by a statement specifying the date on |
|
| which a copy of the application has been or will be served |
|
| on the other party directly concerned. |
|
| (4) | Where an application is made to the local planning authority for a |
|
| certificate under this section in respect of an interest in land, the |
|
| local planning authority must not, without the agreement of the |
|
| other party directly concerned, issue a certificate to the applicant |
|
| before the end of 22 days beginning with the date specified in the |
|
| statement under subsection (3)(c). |
|
| (5) | If a certificate under this section contains a statement under |
|
| subsection (1)(a) it must also— |
|
| (a) | identify every description of development (whether |
|
| specified in the application or not) that in the local planning |
|
| authority’s opinion is, for the purposes of section 14, |
|
| appropriate alternative development in relation to the |
|
| acquisition concerned, and |
|
| (b) | give a general indication— |
|
| (i) | of any conditions to which planning permission for |
|
| the development could reasonably have been |
|
| |
|
|
| |
| | |
|
| (ii) | of when the permission could reasonably have been |
|
| expected to be granted if it is one that could |
|
| reasonably have been expected to be granted only at |
|
| a time after the relevant valuation date, and |
|
| (iii) | of any pre-condition for granting the permission (for |
|
| example, entry into an obligation) that could |
|
| reasonably have been expected to have to be met. |
|
| (6) | If a certificate under this section contains a statement under |
|
| |
| (a) | then, for the purposes of section 14, development is |
|
| appropriate alternative development in relation to the |
|
| acquisition concerned if, and only if, it is of a description |
|
| identified in accordance with subsection (5)(a) in the |
|
| |
| (b) | the matters indicated in accordance with subsection (5)(b) in |
|
| the certificate are to be taken to apply in relation to the |
|
| planning permission that under section 14(3) may be |
|
| assumed to be in force for that development. |
|
| (7) | If a certificate under this section contains a statement under |
|
| subsection (1)(b) then, for the purposes of section 14, there is no |
|
| development that is appropriate alternative development in |
|
| relation to the acquisition concerned. |
|
| (8) | References in subsections (5) to (7) to a certificate under this section |
|
| include references to the certificate as varied and to any certificate |
|
| issued in place of the certificate. |
|
| (9) | On issuing to one of the parties directly concerned a certificate |
|
| under this section in respect of an interest in land, the local planning |
|
| authority must serve a copy of the certificate on the other of those |
|
| |
| (10) | In assessing any compensation payable to any person in respect of |
|
| any compulsory acquisition, there must be taken into account any |
|
| expenses reasonably incurred by the person in connection with the |
|
| issue of a certificate under this section (including expenses incurred |
|
| in connection with an appeal under section 18 where any of the |
|
| issues are determined in the person’s favour). |
|
| (11) | For the purposes of this section and sections 18 to 20, the Broads |
|
| Authority is the sole district planning authority for the Broads; and |
|
| here “the Broads” has the same meaning as in the Norfolk and |
|
| |
| 18 | Appeal to Upper Tribunal against certificate under section 17 |
|
| (1) | Where the local planning authority have issued a certificate under |
|
| section 17 in respect of an interest in land— |
|
| (a) | the person for the time being entitled to that interest, or |
|
| (b) | any authority possessing compulsory purchase powers by |
|
| whom that interest is proposed to be, or is, acquired, |
|
| | may appeal to the Upper Tribunal against that certificate. |
|
| (2) | On any appeal under this section against a certificate, the Upper |
|
| |
|
|
| |
| | |
|
| (a) | must consider the matters to which the certificate relates as |
|
| if the application for a certificate under section 17 had been |
|
| made to the Upper Tribunal in the first place, and |
|
| |
| (i) | confirm the certificate, or |
|
| |
| (iii) | cancel it and issue a different certificate in its place, |
|
| | as the Upper Tribunal may consider appropriate. |
|
| (3) | Where an application is made for a certificate under section 17, and |
|
| at the expiry of the time prescribed by a development order for the |
|
| issue of the certificate (or, if an extended period is at any time |
|
| agreed upon in writing by the parties and the local planning |
|
| authority, at the end of that period) no certificate has been issued by |
|
| the local planning authority in accordance with that section, the |
|
| preceding provisions of this section apply as if the local planning |
|
| authority has issued such a certificate containing a statement under |
|
| |
| (4) | In section 20 (power to prescribe matters relevant to Part 3) omit— |
|
| (a) | in the opening words— |
|
| (i) | the words “and appeals under section eighteen of this Act”, |
|
| |
| (ii) | the word “respectively”, |
|
| (b) | paragraph (b) (manner of and time for giving notice of appeal), and |
|
| (c) | paragraph (d) (which refers to provisions of section 17 not re- |
|
| enacted in the section 17 substituted by this Act). |
|
| (5) | Omit section 21 (proceedings for challenging validity of decision on appeal |
|
| |
| (6) | In section 22 (interpretation of Part 3)— |
|
| (a) | in subsection (1) (meaning of “the parties directly concerned”) for |
|
| “authority by whom it is proposed to be acquired” substitute |
|
| “acquiring authority”, and |
|
| (b) | in subsection (2) (interpretation of sections 17 and 18) for “and |
|
| eighteen” substitute “to nineteen”. |
|
| (7) | In each of paragraph 11 of Schedule 27 to the Local Government, Planning |
|
| and Land Act 1980 and paragraph 8 of Schedule 9 to the Housing Act 1988 |
|
| (modifications of section 17(2) of the 1961 Act)— |
|
| (a) | for “authority proposing to acquire it” substitute “acquiring |
|
| |
| (b) | for “in respect thereof,” substitute “in respect of the interest”, and |
|
| (c) | for “sale thereof” substitute “sale of the interest”. |
|
| (8) | The amendments made in the Land Compensation Act 1961 by this section |
|
| apply to the Crown to the extent set out in section 33 of that Act (Act applies |
|
| in relation to acquisition by government department, including any |
|
| Minister of the Crown, that is an authority possessing compulsory |
|
| purchase powers as it applies to other authorities possessing those |
|
| |
|