Town and Country Planning Act 1959

Provisions for England and Wales

1 (1) Where, in the case of a compulsory acquisition to which section one of this Act applies,—

(a) the acquisition is under the Housing Act, 1957 (in this Part of this Schedule referred to as " the Act of 1957 ") in such circumstances that, apart from section one of this Act, any of the provisions of that Act as to compulsory purchase at site value would have effect in relation to the acquisition, or

(b) it is an acquisition in relation to which, by virtue of an order made and confirmed under the next following paragraph, any of those provisions would so have effect,

nothing in section one of this Act shall be construed as excluding the operation of those provisions of the Act of 1957, but those provisions shall apply in addition to the provisions of Part I of this Act.

(2) Subject to the provisions of paragraph 3 of this Part of this Schedule, the compensation payable in respect of a compulsory acquisition falling within the preceding sub-paragraph shall not in any event exceed the amount of the compensation which would have been payable in respect thereof if—

(a) none of the provisions of the Act of 1957 as to compulsory purchase at site value had applied to the acquisition, and

(b) in a case where any of the relevant land is in an area which has been declared under Part III of that Act to be a clearance area, or which constitutes a re-development area within the meaning of that Part of that Act, that area had not been declared to be a clearance area or did not constitute such a re-development area, as the case may be,

but in all other respects the acquisition had been effected in the circumstances in which it actually is effected.

2 (1) The provisions of this paragraph shall have effect in relation to any compulsory acquisition being—

(a) an acquisition under Part IV of the Act of 1947, or

(b) an acquisition under section six of the Town Development Act, 1952, or

(c) an acquisition in pursuance of Part IV of this Act, or

(d) an acquisition of land within the area designated by an order under section one of the New Towns Act, 1946, as the site of a new town, or

(e) an acquisition by a development corporation or a local high way authority or the Minister of Transport and Civil Aviation under the New Towns Act, 1946, or under any enactment as applied by any provision of that Act,

and being (in any such case) an acquisition where the land in question comprises a house which, in the opinion of an appropriate local authority, is unfit for human habitation and not capable at reasonable expense of being rendered fit for human habitation.

(2) The local authority may make and submit to the Minister an order, in such form as may be prescribed by regulations made under section one hundred and seventy-eight of the Act of 1957, declaring the house to be in the state referred to in the preceding sub-paragraph ; and if—

(a) that order is confirmed by the Minister, either before or concurrently with the confirmation of a compulsory purchase order for the acquisition of the land, or

(b) in a case where the acquisition is in pursuance of a notice to treat deemed to have been served in consequence of the service of a notice under section nineteen of the Act of 1947 or the provisions of that section as applied by or under any other enactment, or in consequence of the service of a notice under subsection (4) of section six of the New Towns Act, 1946, or under Part IV of this Act, the order is made before the date on which the notice to treat is deemed to have been served and, having been so made, is subsequently confirmed by the Minister,

the provisions of subsections (2) and (3) of section fifty-nine of the Act of 1957, and the provisions of sections sixty and sixty-one of that Act and the Second Schedule thereto (which relate to certain payments in respect of houses purchased or demolished under that Act) shall apply as if the house had been purchased under section fifty-seven of that Act as being in the state referred to in the preceding sub-paragraph, and as if any reference in those sections or in that Schedule to the local authority were a reference to the acquiring authority.

(3) Before submitting to the Minister an order under this paragraph, the local authority by whom the order was made shall serve on every owner, and (so far as it is reasonably practicable to ascertain such persons) on every mortgagee, of the land or any part thereof, a notice in such form as may be prescribed as mentioned in the last preceding sub-paragraph, stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within which, and the manner in which, objection thereto can be made.

(4) If no objection is duly made by any of the persons on whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order; but in any other case he shall, before confirming the order, consider any objection not withdrawn, and shall, if either the person by whom the objection was made or the local authority so desires, afford to that person and the authority an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(5) Section four of the Act of 1957 (which specifies matters to be taken into account in determining whether a house is unfit) and sections one hundred and fifty-nine and one hundred and sixty of that Act (which relate to entry on land for the purposes of that Act) shall apply for the purposes of this paragraph as they apply for the purposes of that Act.

(6) In this paragraph " appropriate local authority " means a local authority who, in relation to the area in which the land in question is situated, are a local authority for the purposes of the provisions of Part III of the Act of 1957 relating to clearance areas.

3 (1) The provisions of this paragraph shall have effect in relation to any compulsory acquisition to which section one of this Act applies where—

(a) the relevant land consists of or includes the whole or part of a house (in this paragraph referred to as " the relevant house") and, on the date of the making of the compulsory purchase order in pursuance of which the acquisition is effected, the person then entitled to the relevant interest was, in right of that interest, in occupation of the relevant house or part thereof as a private dwelling, and

(b) that person either continues, on the date of service of the notice to treat, to be entitled to the relevant interest, or, if he has died before that date, continued to be entitled to that interest immediately before his death, and

(c) the acquisition is under the Act of 1957, in such circumstances that any of the provisions of that Act as to compulsory purchase at site value have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under the last preceding paragraph in respect of the relevant house.

In the following provisions of this paragraph any reference to " the dwelling " is a reference to so much of the relevant house as the person referred to in head (a) of this sub-paragraph occupied as therein mentioned.

(2) Subject to the next following sub-paragraph, if the amount of the compensation payable in respect of the acquisition of the relevant interest would, apart from this paragraph, be less than the gross value of the dwelling, the amount of the compensation payable in respect of the acquisition of that interest shall be an amount equal to the gross value of the dwelling.

(3) Where any payment to which this sub-paragraph applies is payable, any reference in the last preceding sub-paragraph to the amount of the compensation payable in respect of the acquisition of the relevant interest shall be construed as a reference to the aggregate of that amount and of the amount of the payment (or, if more than one, of the amounts of the payments) to which this sub-paragraph applies.

(4) The last preceding sub-paragraph applies—

(a) to any payment under section thirty or section sixty of the Act of 1957, in so far as it falls to be made to the person entitled to the relevant interest and is attributable to the relevant house;

(b) to any payment which falls to be made in respect of the relevant interest under Part II of the Second Schedule to the Act of 1957.

(5) For the purposes of this paragraph the gross value of the dwelling shall be determined as follows :—

(a) if the dwelling constitutes the whole of the relevant house, the gross value of the dwelling shall be taken to be the value which, on the date of service of the notice to treat, is shown in the valuation list then in force as the gross value of that house for rating purposes ;

(b) if the dwelling is only part of the relevant house, an apportionment shall be made by the valuation officer of the gross value of the relevant house for rating purposes, as shown in the valuation list in force on the date of service of the notice to treat, and the gross value of the dwelling shall be taken to be the amount certified by the valuation officer as being the amount which, on such an apportionment, is properly attributable to the dwelling.

(6) Any reference in this paragraph to the compensation payable in respect of the acquisition of the relevant interest shall be construed as excluding so much (if any) of that compensation as is attributable to disturbance or to severance or injurious affection.

(7) In this paragraph "the valuation officer" has the same meaning as in Part III of the Local Government Act, 1948.

4 The following provisions of the Act of 1957, that is to say, paragraph 2 of Part III of the Third Schedule and sub-paragraph (3) of paragraph 2 of the Seventh Schedule (which make special provision as to the assessment of compensation in the case of premises which are purchased under that Act otherwise than at site value, but are in a state of defective sanitation or not in reasonably good repair) shall cease to have effect, except for the purpose of assessing compensation (where applicable) in respect of compulsory acquisitions to which section one of this Act does not apply.

5 (1) Where, in the case of a compulsory acquisition to which section one of this Act applies,—

(a) the acquisition is under the Act of 1957, in such circumstances that any of the provisions of that Act as to compulsory purchase at site value have effect in relation to the acquisition, or is an acquisition in connection with which an order is made and confirmed under paragraph 2 of this Part of this Schedule, and

(b) the relevant land consists of or includes a hereditament, or part of a hereditament, which has sustained war damage, and any of that damage has not been made good at the date of service of the notice to treat,

there shall be added to the compensation which, apart from this paragraph, would be payable in respect of the acquisition an amount calculated in accordance with the next following sub-paragraph.

(2) The said amount shall be an amount equal to the value, as at the date of service of the notice to treat, of the prospective right to receive such payment (if any) under the War Damage Act, 1943, in respect of that hereditament, or part of a hereditament, as might reasonably have been expected to become payable if the relevant land had not been compulsorily acquired.

6 (1) Where a local authority have before the commencement of this Act made and submitted to the Minister an order under paragraph 9 of the Fifth Schedule to the Town and Country Planning Act, 1944 (which contains provisions similar to those of paragraph 2 of this Part of this Schedule), but the Minister has not confirmed that order before the commencement of this Act, sub-paragraphs (2), (4) and (5) of paragraph 2 of this Part of this Schedule shall apply in relation to that order as if—

(a) the order had been made under paragraph 2 of this Part of this Schedule, and

(b) the reference in sub-paragraph (4) of paragraph 2 of this Part of this Schedule to persons on whom notices are required to be served were a reference to persons on whom notices are required to be served under sub-paragraph (2) of the said paragraph 9.

(2) Any reference in paragraph 1, paragraph 3 or paragraph 5 of this Part of this Schedule to an order made and confirmed under paragraph 2 of this Part of this Schedule shall be construed as including a reference to an order—

(a) made and confirmed under the said paragraph 9, or

(b) made under the said paragraph 9 and confirmed under the provisions of paragraph 2 of this Part of this Schedule applied by the preceding sub-paragraph.

(3) In this paragraph any reference to the said paragraph 9 includes a reference to the provisions of that paragraph as extended or applied by or under any other enactment.

7 In this Part of this Schedule " house" has the meaning assigned to it by section one hundred and eighty-nine of the Act of 1957, and any reference to the provisions of the Act of 1957 as to compulsory purchase at site value is a reference to the following provisions of that Act, that is to say,—

(a) subsection (4) of section twelve (which relates to the purchase of houses found on appeal not to be capable of repair at a reasonable expense) ;

(b) subsection (2) of section twenty-nine (which relates to the purchase of condemned houses); and

(c) subsections (2) and (3) of section fifty-nine (which relate respectively to the purchase of land comprised in a clearance area and to the purchase, in connection with re-development plans, of houses as being unfit for human habitation).

8 This Part of this Schedule shall not apply to Scotland.