Paragraph 1 Compensation in respect of buildings, plant or machineryI1

England and Wales Not yet in force

(1)

This paragraph applies where planning permission for minerals development is withdrawn, modified or revoked.

(2)

No compensation is payable under section 105 or 106 in respect of any buildings, plant or machinery unless it is shown that the claimant—

(a)

is unable to put the buildings, plant or machinery to a reasonably beneficial use, or

(b)

is unable to put them to a reasonably beneficial use except at the loss claimed.

(3)

Where a disputed claim for compensation under section 105 or 106 includes a claim for expenditure, loss or damage in respect of buildings, plant or machinery, the Upper Tribunal may give directions for that part of the claim to be dealt with separately from the rest of the claim on a later date that is specified in the directions or is to be fixed by the Tribunal on an application by either party.

(4)

In sub-paragraph (1) the reference to minerals development does not include carrying out mining operations on land where—

(a)

the land is held or occupied with other land that is used for agriculture, and

(b)

the minerals that are won and worked are reasonably required for that use (for example, for the fertilisation of the other land, or for the maintenance, improvement or alteration of buildings or works on the other land that are occupied or used for agriculture).

Annotations

Commencement

I1: Sch. 11 para. 1 not in force at Royal Assent, see s. 409(2)