Paragraph 4 Transitional provision: compensation in connection with planning functions

(1)

Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 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 by the LLDC in relation to any land in the original development area, the liability to pay compensation lies with the LLDC.

(2)

Where—

(a)

the Secretary of State makes a determination —

(i)

of an appeal against action taken by the LLDC as is mentioned in sub-paragraph (1), or

(ii)

on a reference made to the Secretary of State by the LLDC, and

(b)

that determination gives rise to a right to compensation,

the LLDC is liable to pay the compensation.

(3)

Where, on or after the commencement date, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act^f3 in respect of a matter arising before that date, which relates to land within the original development area, the LLDC is liable to pay any compensation arising from the order or notice.

Annotations

Footnotes

f1: Section 107 was amended by paragraph 8 of Schedule 1 and paragraph 13 of Schedule 6 to the Planning and Compensation Act 1991 and by paragraph 28 of Schedule 12 to the Housing and Planning Act 2016. Section 108 was amended by section 13(3) of that Act, by section 40(2)(h) of the Planning and Compulsory Purchase Act 2004, by section 189 of the Planning Act 2008, by paragraph 15 of Schedule 12 to the Localism Act 2011, by paragraph 3 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24), by paragraph 15 of Schedule 4 to the Infrastructure Act 2015, by paragraph 29 of Schedule 12 to the Housing and Planning Act 2016, by paragraph 3 of Schedule 10 to the Levelling-up and Regeneration Act 2023, by paragraph 73 of Schedule 13 to the Historic Environment (Wales) Act 2023 and by S.I. 2006/1281. Section 108 is prospectively amended by paragraph 6 of Schedule 6 to the Planning and Compulsory Purchase Act 2004 and by paragraph 1(16) of Schedule 9 to the Levelling-up and Regeneration Act 2023 from a date and time to be appointed. Section 186 was amended by section 9(3) of, and paragraph 29 of Schedule 7 to, the Planning and Compulsory Purchase Act 1991 and by S.I. 2009/1307. Sections 203 and 204 were repealed by section 192(6) of the Planning Act 2008. Regulation 26 of S.I. 2012/605 makes transitional provision in respect of these sections.
f2: S.I. 2012/605, to which there are amendments not relevant to this Order.
f3: Section 100 was amended by paragraph 5 of Schedule 1 to the Planning and Compensation Act 1991 and S.I. 2017/276. Section 202 was amended by section 192 of, and paragraph 10 of Schedule 8 to, the Planning Act 2008.