Session 2010 - 11
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Other Bills before Parliament

Notices of Amendments: 1 March 2011

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Localism Bill, continued

“14	Planning Permissions—actual and assumed

(1)	For the purpose of assessing compensation in respect of any compulsory

acquisition, the matters to be taken into account in ascertaining the value

of the relevant interest shall include—

(a)	any planning permission for development on the relevant land or

any other land which is in force at the valuation date;

(b)	the prospect, in the circumstances known to the market at the

valuation date, of any such planning permission being granted in

the future; and

(c)	the value attributable to development on the relevant land by

itself or together with other land for which planning permission

could reasonably have been expected to be granted where the

assumptions in subsection (3) are made (“appropriate alternative

development”).

(2)	In determining the value attributable to appropriate alternative

development for the purpose of subsection (1)(c) account shall be taken

of—

(a)	any planning permission for appropriate alternative development

which could reasonably have been expected to be granted on an

application considered on the valuation date where the

assumptions mentioned in subsection (3) are made; and

(b)	the prospect, on the assumptions mentioned in subsection (3),

but otherwise in the circumstances known to the market at the

valuation date, of planning permission for appropriate alternative

development being granted in the future.

(3)	The assumptions mentioned in subsection (2) are that the circumstances

at the date of determination of the application are the same as exist at the

valuation date except that—

(a)	the statutory project had been cancelled on the date of the

publication of notice of the making of the compulsory purchase

order as required under the Acquisition of Land Act 1981, or the

application for compulsory purchase powers contained in any

order to be made by the Secretary of State under any enactment;

(b)	no action has been taken (including acquisition of any land, and

any development or works) by the acquiring authority, wholly or

mainly for the purpose of the statutory project; and

(c)	there is no prospect of the same project, 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.

(4)	In this section “statutory project” means the project, for a purpose to be

carried out in the exercise of a statutory function, for which the authority

has been authorised to acquire the relevant land.

(5)	In cases of dispute, the area of the statutory project shall be determined

by the Upper Tribunal as a question of fact subjected to the following

matters—

(a)	the statutory project shall be taken to be the area of

implementation of the authorised purposes within the area of the

compulsory purchase order, save to the extent that it is shown (by

either party) that it is part of a larger project;

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Localism Bill, continued

(b)	save by agreement or in special circumstances, the Upper

Tribunal shall not permit the authority to advance evidence of a

larger project, other than one defined in the compulsory purchase

order or the documents published with it.

Part 3

Certification by Planning Authorities of Appropriate Alternative

Development

15	Alternative development certificate

(1)	For the purpose of determining the permission or permissions to be

assumed under section 14(3)(a), either of the parties directly concerned

may, at any time after the date of publication of a notice mentioned in

section 14(2)(a), apply to the local planning authority for an alternative

development certificate.

(2)	An “alternative development certificate” is a certificate stating—

(a)	the opinion of the local planning authority as to the classes of

appropriate alternative development (if any) for which

permission is to be assumed under section 14(3)(a), and

(b)	a general indication of any conditions, obligations or

requirements to which the permission would reasonably have

been expected to be subject.

(3)	Subject to any appeal under section 18 of this Act, or any direction of the

Upper Tribunal given following such an appeal, an alternative

development certificate shall be conclusive of the matters stated in it for

the purposes of assessing compensation.

16	Appeals against alternative development certificates

(1)	Where the local planning authority has issued an alternative development

certificate under section 17 of this Act in respect of an interest in land—

(a)	any person entitled to claim compensation in respect of the

compulsory acquisition of that interest, or

(b)	any authority possessing compulsory purchase powers by whom

that interest is proposed to be acquired,

may appeal to the Upper Tribunal against that certificate.

(2)	In relation to any appeal made under this section the Upper Tribunal

may—

(a)	determine the timing and scope of the hearing of the appeal,

having regard to any related compensation reference;

(b)	direct that the appeal be determined on its own, or at the same

time as a reference relating to the determination of compensation

for which the certificate is required; and

(c)	direct that the hearing of the appeal should take the form of a

local inquiry before a planning inspector (appointed for the

purpose by the Chief Planning Inspector), and that the inspector

be given delegated power to determine the appeal on behalf of

the Tribunal.

17	Application of certificate procedure in special cases

(1)	Subsection (2) applies where—

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(a)	the person entitled to an interest in land which is proposed to be

acquired by an authority possessing compulsory purchase

powers is absent from the United Kingdom or cannot be found,

and

(b)	the compensation payable in respect of the interest falls to be

determined by the valuation of a surveyor under section 58 of the

Land Clauses Consolidation Act 1845.

(2)	A surveyor appointed for the purpose described in subsection (1) may

apply to the local planning authority for an alternative development

certificate under section 15 before valuing the interest.

(3)	Sections 17 and 18 shall apply to an application made under this section.

(4)	An application made under this section shall be accompanied by a

statement specifying the date on which a copy of the application has been

or will be served on each of the parties directly concerned.

(5)	Where the local planning authority issues a certificate to a surveyor

following an application under this section, the authority shall serve

copies of the certificate on both parties directly concerned.

18	Power to prescribe matters relevant to Part III

(1)	The provisions which may be made by a development order shall include

provisions for regulating the manner in which applications under sections

17 and 19 and appeals under section 18 are to be made and dealt with

respectively, and in particular—

(a)	for prescribing the time within which an alternative development

certificate is required to be issued;

(b)	for prescribing the manner in which notices of appeals under

section 18 are to be given, and the time for giving any such

notice; and

(c)	for requiring local planning authorities to provide the Secretary

of State and such other persons (if any) as may be prescribed by

or under the order with such information relating to the

application as may be prescribed.

19	Interpretation of Part III

(1)	In this Part “the parties directly concerned”, in relation to an interest in

land, means the person entitled to the interest and the authority by whom

it is proposed to be acquired.

(2)	For the purposes of sections 17 and 18, an interest in land shall be taken

to be an interest proposed to be acquired by an authority possessing

compulsory purchase powers in the following (but no other)

circumstances—

(a)	where, for the purposes of a compulsory acquisition by that

authority of land consisting of or including land in which that

interest subsists, a notice required to be published or served in

connection with that acquisition, either by an Act or by any

Standing Order of either House of Parliament relating to

petitions for private bills, has been published or served in

accordance with that Act or Order; or

(b)	where a notice requiring the purchase of that interest has been

served under any enactment, and in accordance with that

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enactment that authority is to be deemed to have served a notice

to treat in respect of that interest; or

(c)	where an offer in writing has been made by or on behalf of that

authority to negotiate for the purchase of that interest.”.’.

© Parliamentary copyright	Revised 2 March 2011