Regulation 102 Disposal of land—compensation for planning decisionI1
England and Wales Not yet in force
Capital receipts of a description specified in paragraph (2) shall be treated for the purposes only of section 59 as reduced by an amount determined in accordance with paragraph (3).
For the purposes of paragraph (1), capital receipts derived from a disposal of an interest in land are specified where—
the interest was compulsorily acquired or sold as described in section 23(1)(a) of the Land Compensation Act 1961 (compensation where planning decision made after acquisition)f1;
a planning decision (as mentioned in that section) has been made in relation to the land, or a planning permission (as mentioned in column 1 of the table in section 25(1) of that Act) has been granted, or is deemed to have been granted in relation to the land; and
by virtue of that planning decision or planning permission, a claim for compensation under section 23 of that Act, or under that section as applied by section 25(1) of that Act, has been duly made before the date on which any such capital receipt is received.
For the purposes of paragraph (1), the amount of the reduction is the amount of compensation assessed in relation to the claim mentioned in paragraph (2)(c) or, where, at the time the capital receipt is received, that amount has not yet been assessed, the authority’s estimate of the amount likely to be assessed in relation to the claim.
Annotations
Commencement
- I1
Reg. 102 in force at 1.4.1997, see reg. 1(1)(b)
Footnotes
- f1