PART XII

Compensation

Chapter I

Compensation generally

Compensation claims time limits.

183. —(1) Subject to subsection (2), a claim for compensation under this Part shall be made not later than 6 months after—

(a) in the case of a claim under section 190 , the date of the decision of the Board,

(b) in the case of a claim under section 195 , the date of the decision of the planning authority or the Board, as the case may be,

(c) in the case of a claim under section 196 , the removal or alteration of the structure,

(d) in the case of a claim under section 197 , the discontinuance or compliance,

(e) in the case of a claim referred to in section 198 , the date of the approval of a scheme under section 85 or the date of complying with a notice under section 88 , as the case may be,

(f) in the case of a claim under section 199 , the date on which the action of the planning authority occurred,

(g) in the case of a claim under section 200 , the date on which the order creating the public right of way commences to have effect, and

(h) in the case of a claim under section 201 , the date on which the damage is suffered.

(2) The High Court may, where it considers that the interests of justice so require, extend the period within which a claim for compensation under this Part may be brought, upon application being made to it in that behalf.

Determination of compensation claim.

184. —A claim for compensation under this Part shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, but subject to—

(a) the Second Schedule in respect of a reduction in the value of an interest in land,

(b) the proviso that the arbitrator shall have jurisdiction to make a nil award, and

(c) the application of the Second Schedule to a claim for compensation under Chapter III of this Part for a reduction in the value of an interest as if a reference to “the relevant decision under Part III” or to “the decision” was, in relation to each of the sections in that Chapter set out in column A of the Table to this section, a reference to the matter set out in column B of that Table opposite the reference in column A to that section.

TABLE

Regulations in relation to compensation.

185. —The Minister may make regulations to provide for the following:

(a) the form in which claims for compensation are to be made;

(b) the provision by a claimant of evidence in support of his or her claim, and information as to his or her interest in the land to which the claim relates;

(c) a statement by a claimant of the names and addresses of all other persons (so far as they are known to him or her) having an interest in the land to which the claim relates and, unless the claim is withdrawn, the notification by the planning authority or the claimant of every other person (if any) appearing to it or him or her to have an interest in the land.

Prohibition of double compensation.

186. —Where a person would, but for this section, be entitled to compensation under this Part in respect of any matter or thing, and also to compensation under any other enactment in respect of the same matter or thing, he or she shall not be entitled to compensation in respect of the matter or thing both under this Part and under the other enactment, and shall not be entitled to any greater amount of compensation under this Part in respect of the matter or thing than the amount of the compensation to which he or she would be entitled under the other enactment in respect of the matter or thing.

Recovery of compensation from planning authority.

187. —(1) All compensation payable under this Part by the planning authority shall, when the amount thereof has been determined by agreement or by arbitration in accordance with this Part, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(2) All costs and expenses of parties to an arbitration to determine the amount of any compensation shall, in so far as the costs and expenses are payable by the planning authority, be recoverable from that authority as a simple contract debt in any court of competent jurisdiction.

(3) Section 69 to 79 of the Lands Clauses Consolidation Act, 1845, as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890, or any other Act, shall apply in relation to compensation by this section made recoverable as a simple contract debt, as if the compensation were a price or compensation under the Lands Clauses Consolidation Act, 1845, as so amended or adapted.

(4) Where money is paid into court by the planning authority under section 69 of the Lands Clauses Consolidation Act, 1845, as applied by this section, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of that money.

Registration of compensation.

188. —(1) Where, on a claim for compensation under Chapter II of this Part, compensation has become payable of an amount exceeding £500, the planning authority shall prepare and retain a statement of that fact, specifying the refusal of permission or grant of permission subject to conditions, or the revocation or modification of permission, the land to which the claim for compensation relates, and the amount of the compensation.

(2) (a) A planning authority shall enter in the register particulars of a statement prepared by it under this section.

(b) Every entry under paragraph (a) shall be made within the period of 2 weeks beginning on the day of the preparation of the statement.

Recovery by planning authority of compensation on subsequent development.

189. —(1) No person shall carry out any development to which this section applies, on land in respect of which a statement (a “compensation statement”) stands registered (whether under section 72 of the Act of 1963, section 9 of the Act of 1990 or section 188 of this Act) until that amount, as is recoverable under this section in respect of the compensation specified in the compensation statement, has been paid or secured to the satisfaction of the planning authority.

(2) This section applies to any development (other than exempted development) of a kind specified in section 192 (2), except that—

(a) this section shall not apply to any development by virtue of a permission to develop land under Part III referred to in section 192 (5) where the permission was granted subject to conditions other than conditions of a class or description set out in the Fifth Schedule, and

(b) in a case where the compensation specified in the statement became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(3) Subject to subsection (4), the amount recoverable under this section in respect of the compensation specified in a compensation statement—

(a) if the land on which the development is to be carried out (the “development area”) is identical with, or includes (with other land) the whole of the land comprised in the compensation statement, shall be the amount of compensation specified in that statement, or

(b) if the development area forms part of the land comprised in the compensation statement, or includes part of that land together with other land not comprised in that statement, shall be so much of the amount of compensation specified in that statement as is attributable to land comprised in that statement and falling within the development area.

(4) The attribution of compensation under subsection (3)(b) shall be in accordance with the following—

(a) the planning authority shall (if it appears to it to be practicable to do so) apportion the amount of the compensation between the different parts of the land, according to the way in which those parts appear to it to be differently affected by the refusal of permission or grant of permission subject to conditions;

(b) if no apportionment is made, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the statement relates;

(c) if an apportionment is made, the compensation shall be treated as distributed in accordance with that apportionment, as between the different parts of the land by reference to which the apportionment is made, and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land;

(d) if any person disputes an apportionment under this subsection, the dispute shall be submitted to and decided by a property arbitrator nominated under the Property Values (Arbitration and Appeals) Act, 1960.

(5) Where, in connection with the development of any land, an amount becomes recoverable under this section in respect of the compensation specified in a compensation statement, then no amount shall be recoverable, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(6) An amount recoverable under this section in respect of any compensation shall be payable to the planning authority, and—

(a) shall be so payable, either as a single capital payment or as a series of instalments of capital and interest combined (the interest being determined at the same rate as for a judgment debt), or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the planning authority may direct, after taking into account any representations made by the person by whom the development is to be carried out, and

(b) except where the amount is payable as a single capital payment, shall be secured by that person in such manner (whether by mortgage, covenant or otherwise) as the planning authority may direct.

(7) If any person initiates any development to which this section applies in contravention of subsection (1), the planning authority may serve a notice upon him or her, specifying the amount appearing to it to be the amount recoverable under this section in respect of the compensation in question, and requiring him or her to pay that amount to the planning authority within such period, not being less than 12 weeks after the service of the notice, as may be specified in the notice, and, in default of the amount being paid to the planning authority within the period specified in the notice, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.