Town and Country Planning Act 1990

129 Determination of claims. E+W

(1) Regulations under this section shall make provision—

(a) for requiring claims for compensation under this Part to be determined by the Secretary of State in such manner as may be prescribed;

(b) for regulating the practice and procedure to be followed in connection with the determination of such claims;

(c) for requiring the Secretary of State on determining any such claim—

(i) to give notice of his findings to the claimant and to any other person who has made a claim for compensation under this Part in respect of the same planning decision, and

(ii) if his findings include an apportionment, to give particulars of the apportionment to any other person entitled to an interest in land appearing to the Secretary of State to be an interest substantially affected by the apportionment.

(2) Subject to subsection (3), provision shall be made by such regulations—

(a) for enabling the claimant or any other person to whom notice of the Secretary of State’s findings has been given in accordance with subsection (1), if he wishes to dispute the findings, to require them to be referred to the Lands Tribunal;

(b) for enabling the claimant and any other person to whom particulars of an apportionment included in those findings have been so given, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;

(c) for enabling the claimant and every other person to whom notice of any findings or apportionment has been given as mentioned in paragraph (a) or (b) to be heard by the Tribunal on any reference under this section of those findings or, as the case may be, of that apportionment; and

(d) for requiring the Tribunal, on any such reference, either to confirm or to vary the Secretary of State’s findings or the apportionment, as the case may be, and to notify the parties of the decision of the Tribunal.

(3) Where on a reference to the Lands Tribunal under this section it is shown that an apportionment—

(a) relates wholly or partly to the same matters as a previous apportionment, and

(b) is consistent with that previous apportionment in so far as it relates to those matters,

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.