Section 219 Compensation

England and Wales

(1)

CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

(2)

In this section, “enforcement action” means action taken under regulations under section 218, including—

(a)

the suspension or cancellation of a decision relating to planning permission, and

(b)

the prohibition of development pending assumption of liability for CIL or pending payment of CIL.

(3)

The regulations shall not require payment of compensation—

(a)

to a person who has failed to satisfy a liability to pay CIL, or

(b)

in other circumstances specified by the regulations.

(4)

Regulations under this section may make provision about—

(a)

the time and manner in which a claim for compensation is to be made, and

(b)

the sums, or the method of determining the sums, payable by way of compensation.

(5)

CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

(6)

A dispute about compensation may be referred to and determined by the F1Upper Tribunal.

(7)

In relation to the determination of any such question, the provisions of F2section 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.

Annotations

Textual amendments

F1: Words in s. 219(6) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 296(a) (with Sch. 5)
F2: Word in s. 219(7) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 296(b) (with Sch. 5)

Notes on Part 11

Modifications

C1: Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))
C2: Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
C3: Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)