Paragraph 2 Apportionment of compensation and determination of disputesI1

England and Wales Not yet in force

(1)

The planning authority by which compensation is payable—

(a)

if it considers that it is practicable to do so, must apportion the compensation for depreciation between different parts of the land to which the claim for compensation relates, and

(b)

if it apportions the compensation, must give details of the apportionment to the claimant and to any other person with an interest in land that the authority considers is substantially affected by the apportionment.

(2)

In carrying out an apportionment, the authority must divide the land into parts and distribute the compensation for depreciation between those parts according to how it considers different parts of the land are differently affected by the planning decision or order in consequence of which the compensation is payable.

(3)

If any of the following persons dispute an apportionment of compensation, they may refer the apportionment to the Upper Tribunal—

(a)

the claimant;

(b)

any other person to whom details of the apportionment have been given;

(c)

any other person who establishes that they have an interest in land that is substantially affected by the apportionment.

(4)

The claimant and every other person to whom details of the apportionment have been given are entitled to be heard by the Upper Tribunal on the reference.

(5)

On a reference of an apportionment, the Upper Tribunal must—

(a)

either confirm or vary the apportionment, and

(b)

notify the parties of its decision.

(6)

Where on a reference to the Upper Tribunal it is shown that an apportionment—

(a)

relates wholly or partly to the same matters as a previous apportionment, and

(b)

is consistent with the previous apportionment so far as it relates to those matters,

the Tribunal must not vary the apportionment in a way that is inconsistent with the previous apportionment so far as it relates to those matters.

(7)

Sub-paragraphs (1) and (2) apply to an apportionment by the Upper Tribunal, but as if references to the planning authority by which compensation is payable were references to the Tribunal.

Annotations

Commencement

I1: Sch. 10 para. 2 not in force at Royal Assent, see s. 409(2)