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Town and Country Planning Act 1932

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23Determination of claims and recovery of amounts due

(1)Any question arising under this Act as to—

(i)the right of a claimant to recover compensation; or

(ii)the right of an authority to recover any amount in respect of an increase in the value of any property; or

(iii)the amount and manner of payment, whether immediately or by instalments spread over a period not exceeding thirty years, of any such recoverable compensation or amount as aforesaid,

shall, unless the authority and all persons concerned otherwise agree, be referred to and determined by an official arbitrator to be appointed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, who shall have the like powers with respect to procedure (including the hearing of claims and objections together), costs, and the statement of special cases as he has under that Act.

(2)The arbitrator or other person charged with the duty of determining any such question as aforesaid—

(i)shall have regard to any undertaking which either the local authority or joint committee by whom the scheme was prepared, or the responsible authority, or a county council, or the person against whom the claim is made, may have given; and

(ii)if the question arises out of the coming into operation of a supplementary scheme or a supplementary order, shall take into account any amount which the responsible authority have paid or are liable to pay, or have recovered or are entitled to recover, in respect of that property by reason of the coming into operation of the original scheme, or any other scheme or order supplemental thereto; and

(iii)if any contribution has been made by an authority under the provisions of this Act relating to interim development orders, shall take into account that contribution.

(3)Any amount due as compensation from a responsible authority and any amount due to an authority from a person whose property is increased in value may be recovered summarily as a civil debt.

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