Paragraph 5 Transitional provision: compensation in connection with planning functions
Where a right to compensation arises under section 107, 108, 115 or 186 of the 1990 Actf1, section 28 or 29 of the Listed Buildings Act or regulation 24 of the Tree Preservation Regulations in consequence of action taken in relation to land within the development area by a borough planning authority, the liability to pay compensation lies with that authority.
Where—
the Secretary of State makes a determination—
of an appeal against action taken by a borough planning authority as is mentioned in sub-paragraph (1); or
on a reference made to the Secretary of State by such an authority; and
that determination gives rise to a right to compensation,
that authority is liable to pay compensation.
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 Actf2 in respect of a matter arising before that date, which relates to land within the development area, the borough planning authority which was the local planning authority in relation to that land when the matter arose is liable to pay any compensation arising from the order or notice.