Paragraph 4 Transitional provision: compensation in connection with planning functions

(1)

Where a right to compensation arises under section 107, 108, 115 or 186 of the 1990 Act^f1, section 28 or 29 of the Listed Buildings Act or regulation 24 of the Town and Country Planning (Tree Preservation) (England) Regulations 2012^f2 in consequence of action taken in relation to any land in the development area by a previous authority, the liability to pay compensation lies with that authority.

(2)

Where—

(a)

the Secretary of State makes a determination—

(i)

of an appeal against action taken by such an authority as is mentioned in sub-paragraph (1); or

(ii)

on a reference made to the Secretary of State by such an authority; and

(b)

that determination gives rise to a right to compensation,

that authority is liable to pay the compensation.

(3)

Where the Secretary of State makes an order under section 100^f3 of the 1990 Act in respect of any permission to develop any land in the development area granted before the commencement date, the previous authority in relation to that land when the permission was granted is liable to pay any compensation arising from the order.

(4)

Where before the commencement date the Secretary of State—

(a)

makes an order under section 104 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of any land in the development area; or

(b)

serves a notice under section 185 of that Act in respect of any land in the development area,

the previous authority in relation to that land when the order was made or notice was served (as the case may be) is liable to pay any compensation arising from the order or notice.

Annotations

Footnotes

f1: Section 107 was amended by sections 21 and 31 of, and paragraph 8 of Schedule 1 to and paragraph 13 of Schedule 6 to, the Planning and Compensation Act 1991 (c. 34); section 108 was amended by section 13(4) of that Act, sections 40 and 118 of the Planning and Compulsory Purchase Act 2004 (c. 5), section 189 of the Planning Act 2008 (c. 29), section 121 of the Localism Act 2011 (c. 20) and section 63 of the Enterprise and Regulatory Reform Act 2013 (c. 24).
f2: S.I. 2012/605.
f3: Section 100 was amended by paragraph 5 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34).