OpenLegislation

Paragraph 4 Deduction from compensation under paragraph 3I1

England and Wales Not yet in force

(1)

A planning authority must deduct the amount determined in accordance with this paragraph from any compensation that it pays under paragraph 3 in consequence of a prohibition order or protection order.

(2)

If the planning authority is satisfied at the time when it assesses the compensation that the claimant is the only person entitled to claim compensation in consequence of the order, it must deduct the amount specified in regulations.

(3)

If the planning authority is not satisfied that the claimant is the only person entitled to claim compensation, it must deduct that amount multiplied by the appropriate fraction.

(4)

The appropriate fraction is—

CI AV

where—

  • CI is the authority’s assessment of the value of the claimant’s interest in the land to which the order relates;

  • AV is the authority’s assessment of the aggregate value of all of the interests in the land if they were held by a single person.

Annotations

Commencement

I1

Sch. 16 para. 4 not in force at Royal Assent, see s. 409(2)