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Planning and Compensation Act 1991

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Section 80.

SCHEDULE 18E+W+S Compensation Provisions Referred to in Section 80

Modifications etc. (not altering text)

Commencement Information

I1Sch. 18 partly in force: Sch. 18 partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force for certain purposes (S.) at 30.8.1995 by S.I. 1995/2045, art. 3

Part IE+W+S Provisions that do not Provide for Interest

Modifications etc. (not altering text)

C2Sch. 18 Pt. I restricted (18.9.1991) by S.I. 1991/2092, art. 4, Sch. 2 Pt. I para. 5

Commencement Information

I2Sch. 18 Pt. I partly in force: Sch. 18 Pt. I partly in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. I partly in force (S.) at 25.9.1991 by S.I. 1991/2092, art. 3; Sch. 18 Pt. I in force (S.)(30.8.1995) for certain purposes by S.I. 1995/2045, art. 3

(1)(2)
EnactmentDate from which interest payable
Enactments extending to Great Britain
Section 10(4)(a) of the M1Forestry Act 1967Date of claim for compensation
Section 18(1)(a) of the M2Reservoirs Act 1975Date of entry on the land
Section 18(1)(b) of that ActDate of claim for disturbance
Section 7 of the M3Ancient Monuments and Archaeological Areas Act 1979Date of the refusal, or grant subject to conditions, of scheduled monument consent
Section 9 of that ActDate works ceased to be authorised
Section 46 of that ActDate of entry on the land
[F1Section 35A(4) of the Environmental Protection Act 1990

In the case of so much of the compensation as is payable under section 35A–

(a)by virtue of paragraph (a) or (b) of regulation 4 (compensation following grant of rights) of the Waste Management Licences (Consultation and Compensation) Regulations 1999: the date of the depreciation;

(b)by virtue of paragraph (c), (d) or (e) of that regulation: the date on which the loss is sustained or the damage is done; or where injurious affection is sustained: the date of the injurious affection;

(c)by virtue of paragraph (6) of regulation 7 (basis on which compensation assessed) of those Regulations: the date on which the expenses become payable.]

[F2Section 78G(5) of that Act

In the case of so much of the compensation as is payable under section 78G–

(a)by virtue of paragraph 4(a) or (b) of Schedule 2 (compensation for rights of entry etc.) to the Contaminated Land (England) Regulations 2000, the date of the depreciation;

(b)by virtue of paragraph 4(c), (d) or (e) of that Schedule, the date on which the loss is sustained or the damage is done; or where inj urious affection is sustained, the date of the injurious affection;

(c) by virtue of paragraph 5(6) of that Schedule, the date on which the expenses become payable. ]F3

Enactments extending to England and Wales
Section 31(3) [F4or (3A)] of the M4Land Compensation Act 1961Date of withdrawal of notice to treat
Section 11(3) of the M5Compulsory Purchase Act 1965Date of entry on the land
F5 . . . . . .
F6 . . . . . .
F6 . . . . . .
Section 23 of the M6Highways Act 1980Date which would be the date from which interest is payable if the works were executed under Part V by a highway authority
Section 28(1) of that ActDate of claim
Section 73(9) of that ActDate of claim
Section 74(8) of that ActDate of claim
Section 77(2) of that ActIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 79(11) of that ActIn the case of loss, the date of the notice; and in the case of injurious affection, the date of claim
Section 79(12) of that ActDate of service of the notice
Section 126(2) of that ActDate of claim
Section 231 of that ActIn the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Section 292(1) of that ActIn the case of damage, the date of entry; in the case of disturbance, the date of claim
[F5Section 57 of the M7Public Health (Control of Disease) Act 1984In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim]
Section 106 of the M8Building Act 1984In the case damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
F6 . . . . . .
Section 107(1) of the principal ActDate of order under section 97
Section 107(1) of that Act as applied by section 108(1)Date planning permission is refused or granted subject to conditions
Section 115 of that ActDate damage suffered or expenses incurred
Section 144(2) of that ActDate of direction under section 141(3)
Section 186 of that ActDate of service of stop notice
[F7Section 202E of that Act

Date—

(a)

any consent required by tree preservation regulations is refused,

(b)

any such consent is granted subject to conditions, or

(c)

any approval required under such a condition is refused.]

F8. . .F8. . .
F8. . .F8. . .
Section 223 of that ActDate expenses incurred
Section 250 of that ActDate of order under section 249(2)
Section 279(1) of that ActDate of decision made in accordance with section 266 or of order under section 97
Section 279(2) of that ActDate right extinguished or requirement imposed
Section 28 of M9Planning (Listed Buildings and Conservation Areas) Act 1990Date of order under section 23
Section 29 of that ActDate building preservation notice served
Section 16 of the M10Planning (Hazardous Substances) Act 1990Date of order under section 14(1)
Section 19 of that ActDate of modification or revocation of hazardous substances consent
[F9Section 161B of the Water Resources Act 1991

In the case of so much of the compensation as is payable under section 161B–

(a)by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works Regulations 1999 (compensation following grant of rights), the date of the depreciation;

(b)by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage done; or where injurious affection is sustained, the date of the injurious affection;

(c)by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable.]

[F10Paragraph 1 of Schedule 9 to the Water Resources Act 1991Date of entry upon or occupation or use of land
Paragraph 2(2) or (3) of that ScheduleDate of the ordinary drought order [F11or the drought permit]
Paragraph 2(4) of that ScheduleDate of decision to prohibit or limit the taking of water
Paragraph 2(5) of that ScheduleDate of suspension or variation of consent to make discharges or of the attachment of conditions to such consent
Paragraph 2(1) of Schedule 21 to that ActDate of claim
Paragraph 2(2) or (3) of that ScheduleIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 4(1)(b) of that ScheduleDate loss is caused or damage done
Paragraph 5(1) of that Schedule (including that provision as applied by paragraph 5(3)(b) of that Schedule)Date of claim
Paragraph 2(1) of Schedule 12 to the Water Industry Act 1991Date of claim
Paragraph 2(2) or (3) of that ScheduleIn the case of damage sustained by reason of expenditure, the date on which the damage is sustained; otherwise the date of claim
Paragraph 6(1)(b) of that ScheduleDate loss is caused or damage done
Section 14 of the Land Drainage Act 1991 (including that provision as applied by section 25(4)(b))Date of claim
Section 22 of that ActDate of claim
Section 29(5) of that Act (including that provision as applied by sections 30(3) and 31(5))Date of claim]
Enactments extending to Scotland
Section 2 of the M11Land Drainage (Scotland) Act 1930Date loss is caused or damage done
Section 1 of the M12Land Drainage (Scotland) Act 1941Date of injury or damage
Section 4 of the M13Land Drainage (Scotland) Act 1958Date damage is suffered
Section 39(3) of the M14Land Compensation (Scotland) Act 1963Date of withdrawal of notice to treat
[F12[F13Section 46B of the Control of Pollution Act 1974

In the case of so much of the compensation as is payable under section 46B–

(a)

by virtue of paragraph 4(a) of the Schedule to the Anti-Pollution Works (Scotland) Regulations 2003 (loss and damage for which compensation payable), the date of the depreciation;

(b)

by virtue of paragraph 4(b), (c), or (d) of that Schedule, the date on which the loss is sustained or the damage is done; or where injurious affection is sustained, the date of the injurious affection;

(c)

by virtue of paragraph 4(e) of that Schedule, the date on which the expenses become payable]]

[F14Section 76 of the Town and Country Planning (Scotland) Act 1997Date of order under section 65
Section 77 of that ActDate permission is refused or granted subject to conditions
Section 83 of that ActDate damage suffered or expenses incurred
Section 95 of that ActDate of direction under section 92(3)
Section 143 of that ActDate of service of stop notice
Section 165 of that ActDate consent required by tree preservation order is refused or granted subject to conditions
Section 166 of that ActDate requirement is imposed by planning authority or Secretary of State
Section 185 of that ActDate expenses incurred
Section 204(1) of that ActDate on which order takes effect
Section 232 of that ActDate planning permission refused or granted subject to conditions
Paragraph 1 of Schedule 13 to that ActDate order made
Section 25 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997Date of order under section 21
Section 26 of that ActDate building preservation notice served
Section 14 of the Planning (Hazardous Substances) (Scotland) Act 1997Date of order revoking or modifying consent
Section 17 of that ActDate of modification or revocation of consent]
Section 10 of the M15Water (Scotland) Act 1980Date damage sustained
Schedule 6 to that ActDate source or land is affected or injury is sustained
Section 71 of the M16Roads (Scotland) Act 1984Date access stopped up or limited
Section 72 of that ActDate access stopped up
Section 83(8) of that ActAs regards expenses, date expenses incurred; as regards injurious effect, date injury sustained
Section 88(2) of that ActDate on which damage sustained
Section 106 of that ActAs regards compulsory acquisition, date on which compulsory purchase notice first published; as regards acquisition by agreement, date agreement made.
Section 116 of that ActDate on which damage sustained
Section 121 of that ActDate on which damage done or materials removed
Section 140 of that ActDate of damage or disturbance

Textual Amendments

F1Entry in Sch. 18 Pt. I inserted (1.4.1999) by S.I. 1999/648, art. 2(2)(a)

F2Sch. 18 Pt. I: Entry inserted (E.) (22.2.2002) by S.I. 2002/116, art. 2

F3Section 78G of the Environmental Protection Act 1990 was inserted by section 57 of the Environment Act 1995. For the Contaminated Land (England) Regulations 2000 see S.I. 2000/227, to which there are amendments not relevant to this Order.

F5Sch. 18 Pt. I entry repealed (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 31, Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2); S.I. 2010/1547, art. 2(e)(f) (with Sch. 1)

F7Words in Sch. 18 Pt. I inserted (6.4.2012 for E.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(2) (with s. 226); S.I. 2012/601, art. 2(a)

F8Words in Sch. 18 Pt. I repealed (6.4.2009 for E.W. for specified purposes, 6.4.2012 for E. in so far as not already in force) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 8 para. 20(3), Sch. 13 (with s. 226); S.I. 2009/400, art. 3(o); S.I. 2012/601, art. 2(a)(c), Sch.

F9Entry in Sch. 18 Pt. I inserted (19.7.1999) by S.I. 1999/1765, art. 2

F11Words in Sch. 18 Pt. I inserted (1.4.1996) by S.I. 1996/593, reg. 3, Sch. 2 para. 7

F14Entries substituted (27.5.1997) for the entries relating to the 1972 Act by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 49(2) (with s. 5, Sch. 3)

Marginal Citations

Part IIE+W+S Provisions that Provide for Interest

Commencement Information

I3Sch. 18 Pt. II partly in force; Sch. 18 Pt. II in force (E.W.) for certain purposes at 25.9.1991, see s. 84(2)(3) and S.I. 1991/2067, art. 3 and wholly in force (E.W.) so far as not already in force, at 2.1.1992 by S.I. 1991/2728, art. 3; Sch. 18 Pt. II in force (S.) for certain purposes at 25.9.1991 by S.I. 1991/2092, art. 3

Enactments extending to England and WalesE+W+S

Section 23 of the M17Land Compensation Act 1961 (permission for additional development granted after acquisition).

Marginal Citations

The following provisions of the M18Compulsory Purchase Act 1965—

  • section 5 (notice to treat ceasing to have effect), and

  • section 11(1) (entry on land under compulsory purchase powers).

Marginal Citations

The following provisions of the M19Land Compensation Act 1973—

  • section 18 (claims under Part I of that Act),

  • F15...

  • section 37(6) (disturbance payments), and

  • section 63(1) (injurious affection payments under section 10 of the Compulsory Purchase Act 1965).

Textual Amendments

F15Sch. 18 Pt. II entry repealed (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), Sch. 9 (with s. 111); S.I. 2004/2593, art. 2(e)

Marginal Citations

[F16Rule 32 of the Lands Tribunal Rules 1996 (awards with interest by Lands Chamber of the Upper Tribunal).]

Enactments extending to ScotlandE+W+S

Sections 84 to 86 of the M20Lands Clauses Consolidation (Scotland) Act 1845.

Marginal Citations

Paragraph 3 of Schedule 2 to the M21Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Marginal Citations

Section 31 (compensation where planning decision made after acquisition) of the M22Land Compensation (Scotland) Act 1963.

Marginal Citations

The following provisions of the M23Land Compensation (Scotland) Act 1973—

  • section 16 (interest on compensation),

  • section 33(6) (supplementary provisions about farm loss payments),

  • section 34(5) (disturbance payments for people without compensatable interests),

  • section 59 (interest on compensation for injurious affection where no land taken).

Marginal Citations

Section 78 of this Act.

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