Section 204 Compensation for overridden easements etcI1
England and Wales
A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 F1(1)(a) or (b)(i) or (4)(a) or (b)(i).
But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.
The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.
Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—
the liability is enforceable against the authority, but
the authority may recover from that person any amount it pays out.
The authority against which a liability is enforceable by virtue of subsection (3)(a) is—
where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,
where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or
in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.
Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.
Annotations
Textual amendments
- F1
Words in s. 204(1) inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 6(2) (with s. 144); S.I. 2022/48, reg. 5(d)
- F2
S. 204(1A) inserted (30.9.2022) by Environment Act 2021 (c. 30), s. 147(3), Sch. 20 para. 6(3) (with s. 144); S.I. 2022/48, reg. 5(d)
- F3
S. 204(4) substituted (19.7.2017) by Neighbourhood Planning Act 2017 (c. 20), ss. 37(3), 46(1); S.I. 2017/767, reg. 2(i)
Modifications
- C1
S. 204(3) applied (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 37(5) (with arts. 37(6), 40, Sch. 14)
Commencement
- I1
S. 204 in force at 13.7.2016 by S.I. 2016/733, reg. 3(m)