PART II

Compensation Generally

4. —A claim for compensation under this Act shall be made not later than six months after—

(a) in the case of a claim under section 11 , the notification of the decision of the planning authority or the Board, as the case may be,

(b) in the case of a claim under section 17 , the time when the notice takes effect,

(c) in the case of a claim under section 18 , the removal or alteration of the structure,

(d) in the case of a claim under section 19 , the discontinuance or compliance,

(e) in the case of a claim under section 20 , the removal or alteration of the hedge,

(f) in the case of a claim under section 21 , the date on which the consent is refused or is granted subject to conditions,

(g) in the case of a claim under section 22 , the time when the order creating the public right of way commences to have effect,

(h) in the case of a claim under section 23 , the time when the damage is suffered, and

(i) in the case of a claim under section 24 , the action of the planning authority.

5. —A claim for compensation under this Act shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, but subject to—

(a) the First Schedule in respect of a reduction in the value of an interest in land,

(b) the proviso that the arbitrator shall have jurisdiction to make a nil award, and

(c) the application of the First Schedule to a claim for compensation under Part IV for a reduction in the value of an interest as if a reference to “the relevant decision under Part IV of the Principal Act” or to the “said decision” was, in relation to each of the sections in that Part mentioned in Column A of the Table to this section, a reference to the matter set out in Column B of that Table opposite the reference in Column A thereof to that section.

TABLE

6. —Regulations made by the Minister may provide for—

(a) the form in which claims for compensation are to be made,

(b) the provision by a claimant of evidence in support of his claim and information as to his interest in the land to which the claim relates,

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to them or him to have an interest in the land,

(d) the information and documents to be submitted with an application for an order under section 14 ,

(e) the information and documents to be submitted by the planning authority in relation to an application for an order under section 14 .

7. —Where a person would, but for this section, be entitled to compensation under this Act in respect of any matter or thing and also to compensation under any other enactment in respect of the same matter or thing, he shall not be entitled to compensation in respect of such matter or thing both under this Act and under the other enactment, and shall not be entitled to any greater amount of compensation under this Act in respect of such matter or thing than the amount of the compensation to which he would be entitled under the other enactment in respect of such matter or thing.

8. —(1) All compensation payable under this Act by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Act, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as such costs and expenses are payable by the planning authority, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(3) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to moneys by this section made recoverable as a simple contract debt as if such moneys were a price or compensation under the said Act as so amended or adapted.

(4) Where money is paid into court under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, by the planning authority, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

9. —(1) Where, on a claim for compensation under Part III , compensation has become payable of an amount exceeding one hundred pounds, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, or the revocation or modification of permission, the land to which the claim for compensation relates, and the amount of the compensation.

(2) (a) A planning authority shall enter in the register kept in pursuance of section 8 of the Principal Act particulars of the statements prepared by them under this section.

(b) Every such entry shall be made within the period of fourteen days beginning on the day of the preparation of the statement.

10. —(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (in this section referred to as a compensation statement) stands registered (whether under section 72 of the Principal Act or section 9 of this Act) until such amount as is recoverable under this section in respect of the compensation specified in the statement has been paid or secured to the satisfaction of the planning authority.

(2) This section applies to any development (other than exempted development), being development of a kind specified in section 13 (2):

Provided that—

(i) this section shall not apply to any development by virtue of a permission to develop land under Part IV of the Principal Act referred to in section 13 (5) where such permission was granted subject to conditions other than conditions of a class or description set out in the Fourth Schedule ,

(ii) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the land on which the development is to be carried out (in this subsection referred to as the development area) is identical with, or includes (with other land) the whole of, the land comprised in the compensation statement, shall be the amount of compensation specified in that statement;

(b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

(4) For the purposes of paragraph (b) of subsection (3), the following provisions shall have effect:

(a) the planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation between the different parts of the land according to the way in which those parts appear to them to be differently affected by the refusal of permission or grant of permission subject to conditions;

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator.

(5) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

(a) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

(7) If any person initiates any development to which this section applies in contravention of subsection (1) of this section, the planning authority may serve a notice upon him specifying the amount appearing to them to be the amount recoverable under this section in respect of the compensation in question, and requiring him to pay that amount to them within such period, not being less than three months after the service of the notice, as may be specified in the notice, and, in default of the said amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.