Transport Act 1968

[F1 139 Land required as service area for special road: compensation in certain cases of compulsory acquisition. E+W+S

(1) Where land is compulsorily acquired—

(a) by virtue of. . . F2 [F3 section 239(4)(c) of the Highways Act M1 1980][F4 section 30(2)(c) of the M2 Roads (Scotland) Act 1970] (which relate to land required for the provision of service stations or other buildings or facilities for use in connection with a special road) in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road; or

(b) in pursuance of a notice under. . . F2 [F5 section 169, 177 or 178 of the M3 Town and Country Planning (Scotland) Act 1972] (which relate to the protection of owners of land affected by certain planning decisions) in a case where the person by whom the compensation in respect of the acquisition falls to be assessed is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with a special road as are mentioned in the said section. . . F2 [F4 30(2)(c)] and that the amount of the compensation would apart from this section be affected by the provision or proposed provision of the special road; or

(c) in pursuance of a notice under. . . F2 [F5 section 182 of the said Act of 1972] (which relate to the protection of owner-occupiers of land affected by planning proposals) in a case where the appropriate enactment for the purposes of. . . F2 [F5 section 185 of the said Act of 1972] is or includes the said section. . . F2 [F4 30(2)(c)]

then, for the purpose of assessing compensation in respect of the compulsory acquisition, the value of the relevant interest shall be ascertained—

(i) so far as it is attributable to any relevant planning permission, on the assumption that traffic carried by the special road will not have direct or indirect access to the relevant land; and

(ii) so far as it is not attributable to any such planning permission, on the assumption that traffic carried by the special road will not have direct access to the relevant land.

(2) In this section—

• “direct access” means access otherwise than by means of a highway which is not a special road and “indirect access” means access by means of such a highway as aforesaid;

“relevant planning permission” means any planning permission for service area development which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue. . . F2 section 23 or 24 of the M4 Land Compensation (Scotland) Act 1963, or the possibility of the grant of which is taken into account in assessing the compensation;

• “service area development” means development of the relevant land, or of any part thereof, for the purpose of providing such service stations or other buildings or facilities as are mentioned in. . . F2 the said section [F4 30(2)(c)] or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road;

and any expression which is also used in the said Act of. . . F2 1963 has the same meaning,. . . F2 and, as respects Scotland, as in the said Act of 1963.

(3) This section shall not affect any compulsory acquisition in pursuance of a notice to treat served or deemed to have been served before the day on which this section comes into force.]

Textual Amendments

F1 S. 139 repealed (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 156(3), 157(2), Sch. 11

F2 Words repealed by Highways Act 1980 (c. 66), Sch. 25

F3 Words substituted (E.W.) by virtue of Highways Act 1980 (c. 66, SIF 59), Sch. 23 para. 19 and Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

F4 Words substituted by virtue of Roads (Scotland) Act 1970 (c. 20), Sch. 1 para. 13

F5 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

Marginal Citations

M1 1980 c. 66(59.)

M2 1970 c. 20.

M3 1972 c. 52.

M4 1963 c. 51.