Regulation 63 Apportionment of compensation for depreciation

Where the compensation which becomes payable under paragraph 6 of Schedule 3 to the Act includes compensation for depreciation of an amount exceeding £20, the F1Secretary of State—

In carrying out an apportionment under paragraph (1)(a), the Secretary of State shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the F4Secretary of State to be differently affected by the order in consequence of which the compensation is payable.

The claimant and any other person to whom particulars of an apportionment have been given under paragraph (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, may require it to be referred to the Upper Tribunal—

Where on a reference to the Upper Tribunal under this regulation it is shown that an apportionment--

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

On a reference to the Upper Tribunal by virtue of paragraph (4), paragraphs (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the Secretary of State, of references to the Upper Tribunal.

In this regulation—

• “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and

• “relevant order” means the order by which development consent is refused, or is granted subject to requirements other than those previously imposed by the development consent order.