Paragraph 3 Compensation in other casesI1

England and Wales Not yet in force

(1)

This paragraph applies where—

(a)

a prohibition order is made in relation to land in the area of a planning authority and neither of the conditions in paragraph 2 is met, or

(b)

a protection order is made in relation to land in the area of a planning authority.

(2)

Any person interested in the land is entitled, on making a claim to the planning authority, to be paid compensation by the authority for—

(a)

any expenditure incurred by the person in carrying out works that become abortive because of the order;

(b)

any other loss or damage suffered by the person that is directly attributable to the order.

(3)

A claim for compensation under this paragraph must be made in writing within 12 months beginning with the day the order takes effect.

(4)

For the purposes of this paragraph—

(a)

expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works;

(b)

the loss or damage that is directly attributable to an order includes expenditure incurred in carrying out works for the purpose of removing or alleviating any injury to amenity caused by mining operations on the land to which the order relates, unless that expenditure is included in another claim for compensation.

(5)

In calculating the amount of any loss or damage attributable to an order, no account is to be taken of—

(a)

the value of any mineral that cannot be won or worked in consequence of the order,

(b)

the value of any mineral waste that cannot be deposited in consequence of the order,

(c)

the value of any void that cannot be filled in consequence of the order, or

(d)

in the case of a prohibition order, the cost of complying with a restoration condition or aftercare condition in consequence of the order.

(6)

Compensation payable under this paragraph must be reduced by the value to the claimant of any timber, apparatus or other materials removed for the purpose of complying with the order in question.

Annotations

Commencement

I1: Sch. 16 para. 3 not in force at Royal Assent, see s. 409(2)