Highways Act 1980 (c. 66)

Part XII E+W Acquisition, Vesting and Transfer of Land etc.

Modifications etc. (not altering text)

C1 Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)

Special compensation provisions as respects certain compulsory acquisitions for highway purposes E+W

262 Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads. E+W

(1) Where land is compulsorily acquired—

(a) under section 239(4)(c) above 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 [F1 section 137 of the Town and Country Planning Act 1990] (protection of owners of land affected by certain planning decisions) in a case where the [F2 Upper Tribunal] is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with the special road as are mentioned in section 239(4)(c) above and that the amount of 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 [F3 section 150 or 161 of that Act] (protection of owner-occupiers in respect of planning blight) in a case where the appropriate enactment for the purposes of [F3 section 154 of that Act] is or includes section 239(4)(c) above,

then subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition.

(2) Where there are proposals for the provision of a lorry area on land adjoining, or in the vicinity of, a special road or proposed special road then, if that land, or any land of which that land forms part, is compulsorily acquired—

(a) under section 240(5) above 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 [F4 section 137 of the Town and Country Planning Act 1990], in a case where the [F2 Upper Tribunal] is satisfied that there are proposals for using the whole or part of the relevant land for the purpose of providing a lorry area, in connection with the special road, 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 [F5 section 150 or 161 of that Act] in a case where the appropriate enactment for the purposes of [F6 section 154 of that Act] is or includes section 240(5) above,

subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition.

(3) In any such case as is mentioned in subsection (1) or (2) above the value of the relevant interest shall be ascertained—

(a) 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

(b) 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.

(4) 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 a highway which is not a special road;

• “lorry area development” means development for the purpose of providing a lorry area for use in connection with a special road or proposed special road;

• “relevant planning permission” means any planning permission for service area development or, as the case may be, lorry 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 of [F7 section 15] of the M1 Land Compensation Act 1961, 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 of it, for the purpose of providing such service stations or other buildings or facilities as are mentioned in section 239(4)(c) above 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 M2 Land Compensation Act 1961 has the same meaning as in that Act.

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(15)(a)(i)

F2 Words in s. 262(1)(b)(2)(b) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 5(1)(2), Sch. 1 para. 135 (with art. 5(6), Sch. 5)

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(15)(a)(ii)

F4 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(15)(b)(i)

F5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(15)(b)(ii)

F6 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(15)(b)(ii)

F7 Words in s. 262(4) substituted (6.4.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 2 para. 3(2) (with Sch. 2 para. 3(3))

Marginal Citations

M1 1961 c. 33.

M2 1961 c. 33.