Planning and Compulsory Purchase Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Planning and Compulsory Purchase Bill

Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
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(b)
the amount of any such payment.
(4)
For the purposes of the Limitation Act 1980 a person’s right of action to
recover a payment must be taken to have accrued—
(a)
in the case of a claim under section 33A on the last day of the
period specified in subsection (4) of that section;
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(b)
in the case of a claim under section 33B or 33C on the date of his
displacement from the land.
33F  Insolvency
(1)
This section applies if a person is entitled to a payment under section
33A, 33B or 33C but before a claim is made under section 33E
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insolvency proceedings are started in relation to the person.
(2)
Any of the following may make a claim instead of the person
mentioned in subsection (1)—
(a)
a receiver, trustee in bankruptcy or the official receiver in the
case of an individual;
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(b)
an administrator, administrative receiver, liquidator or
provisional liquidator or the official receiver in the case of a
company or a partnership.
(3)
Insolvency proceedings are—
(a)
proceedings in bankruptcy;
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(b)
proceedings under the Insolvency Act 1986 for the winding up
of a company or an unregistered company (including voluntary
winding up of a company under Part 4 of that Act);
(c)
proceedings for the winding up of a partnership.
33G  Death
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(1)
This section applies if a person is entitled to a payment under section
33A, 33B or 33C but before a claim is made under section 33E the person
dies (the deceased).
(2)
A claim may be made by a person who—
(a)
occupied the land for a period of not less than one year ending
30
with the date on which the deceased is displaced from the land,
and
(b)
is entitled to benefit on the death of the deceased by virtue of a
ground mentioned in subsection (3).
(3)
The grounds are—
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(a)
a testamentary disposition;
(b)
the law of intestate succession;
(c)
the right of survivorship between joint tenants.
33H  Agricultural land: dual entitlement
(1)
This section applies if a person is entitled in respect of the same interest
40
in agricultural land to a payment both—
(a)
under section 33B of this Act, and
(b)
by virtue of section 12(1) of the Agriculture (Miscellaneous
Provisions) Act 1968 (additional payments in consequence of
compulsory acquisition of agricultural holding).
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Planning and Compulsory Purchase Bill
Part 8 — Compulsory purchase
88

(2)
Payment may be made in respect of only one entitlement.
(3)
If the person makes a claim under both provisions he must be paid in
respect of the entitlement which produces the greater amount.
33I  Payment
(1)
Any dispute as to the amount of a payment to be made under section
5
33A, 33B or 33C must be determined by the Lands Tribunal.
(2)
The acquiring authority must make any payment required by section
33A not later than whichever is the latest of the following dates—
(a)
the last day of the period specified in section 33A(4);
(b)
the last day of the period of three months beginning with the
10
day the claim is made;
(c)
the day on which the amount of the payment is determined.
(3)
The authority must make any payment required by section 33B or 33C
not later than whichever is the latest of the following dates—
(a)
the date the person is displaced from the land;
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(b)
the last day of the period of three months beginning with the
day the claim is made;
(c)
the day on which the amount of the payment is determined.
(4)
If paragraph (c) of subsection (2) or (3) applies the authority may at any
time make a payment in advance to the person entitled to a payment
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(the claimant).
(5)
If when the value of the interest is agreed or determined the amount of
a payment made under subsection (4) differs from the payment
required by section 33A, 33B or 33C—
(a)
the amount by which the advance payment exceeds the
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payment required must be repaid by the claimant to the
authority;
(b)
the amount by which the payment required exceeds the
advance payment must be paid by the authority to the claimant.
(6)
The acquiring authority must pay interest on the amount required to be
30
paid at the rate prescribed by regulations under section 32 of the Land
Compensation Act 1961.
(7)
Interest accrues from the date specified in paragraph (a) of subsection
(2) or (3) (as the case may be).
(8)
The authority may, at the request of the person entitled to the payment,
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make a payment on account of the interest mentioned in subsection (6).
33J  Acquisition by agreement
(1)
This section applies if—
(a)
an interest in land which is a qualifying interest for the purpose
of section 33A is acquired by agreement by an authority which
40
has power to acquire the interest compulsorily, and
(b)
the interest is acquired from a person who would be entitled to
a payment under section 33A, 33B or 33C if the interest is
acquired compulsorily.

Planning and Compulsory Purchase Bill
Part 9 — Miscellaneous and general
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(2)
The authority may make a payment to the person of an amount equal
to the amount they would be required to pay if the interest is acquired
compulsorily.
33K  Regulations
(1)
This section applies for the purposes of sections 33A to 33I.
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(2)
The Secretary of State may by regulations substitute for any amount or
percentage figure specified in these sections such other amount or
percentage figure (as the case may be) as he thinks fit.
(3)
A power to make regulations must be exercised by statutory
instrument subject to annulment in pursuance of a resolution of either
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House of Parliament.
(4)
In relation to Wales—
(a)
a power to make regulations conferred on the Secretary of State
must be construed as a power conferred on the National
Assembly for Wales;
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(b)
subsection (3) must be ignored.”
Part 9
Miscellaneous and general
Crown
104
Crown
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(1)
This Act (except Part 8) binds the Crown.
(2)
The amendments made by Part 8 apply to the Crown to the extent that the
enactments amended so apply.
Miscellaneous
105
Validity of strategies, plans and documents
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(1)
This section applies to—
(a)
a revision of the regional spatial strategy;
(b)
the Wales Spatial Plan;
(c)
a development plan document;
(d)
a local development plan;
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(e)
a revision of a document mentioned in paragraph (b), (c) or (d);
(f)
the Mayor of London’s spatial development strategy;
(g)
an alteration or replacement of the spatial development strategy,

and anything falling within paragraphs (a) to (g) is referred to in this section as
a relevant document.
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(2)
A relevant document must not be questioned in any legal proceedings except
in so far as is provided by the following provisions of this section.
(3)
A person aggrieved by a relevant document may make an application to the
High Court on the ground that—

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(a)
the document is not within the appropriate power;
(b)
a procedural requirement has not been complied with.
(4)
But the application must be made not later than the end of the period of six
weeks starting with the relevant date.
(5)
The High Court may make an interim order suspending the operation of the
5
relevant document—
(a)
wholly or in part;
(b)
generally or as it affects the property of the applicant.
(6)
Subsection (7) applies if the High Court is satisfied—
(a)
that a relevant document is to any extent outside the appropriate
10
power;
(b)
that the interests of the applicant have been substantially prejudiced by
a failure to comply with a procedural requirement.
(7)
The High Court may quash the relevant document—
(a)
wholly or in part;
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(b)
generally or as it affects the property of the applicant.
(8)
An interim order has effect until the proceedings are finally determined.
(9)
The appropriate power is—
(a)
Part 1 of this Act in the case of a revision of the regional spatial strategy;
(b)
section 55 above in the case of the Wales Spatial Plan or any revision of
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it;
(c)
Part 2 of this Act in the case of a development plan document or any
revision of it;
(d)
sections 57 to 73 above in the case of a local development plan or any
revision of it;
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(e)
sections 334 to 343 of the Greater London Authority Act 1999 (c. 29) in
the case of the spatial development strategy or any alteration or
replacement of it.
(10)
A procedural requirement is a requirement under the appropriate power or
contained in regulations or an order made under that power which relates to
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the adoption, publication or approval of a relevant document.
(11)
References to the relevant date must be construed as follows—
(a)
for the purposes of a revision of the regional spatial strategy, the date
when the Secretary of State publishes the revised strategy under section
8(6) above;
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(b)
for the purposes of the Wales Spatial Plan (or a revision of it), the date
when it is approved by the National Assembly for Wales;
(c)
for the purposes of a development plan document (or a revision of it),
the date when it is adopted by the local planning authority or approved
by the Secretary of State (as the case may be);
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(d)
for the purposes of a local development plan (or a revision of it), the
date when it is adopted by a local planning authority in Wales or
approved by the National Assembly for Wales (as the case may be);
(e)
for the purposes of the spatial development strategy (or an alteration or
replacement of it), the date when the Mayor of London publishes it.
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