3(1)The amount of the compensation is—U.K.
(a)in the case of land in England and Wales, an amount calculated in accordance with subsections (2) to (5), (7) and (8) of section 280 the Town and Country Planning Act 1990 (“the 1990 Act”);
(b)in the case of land in Scotland, an amount calculated in accordance with subsections (2) to (5), (7) and (8) of section 233 of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).
(2)The provisions of section 280 of the 1990 Act specified in sub-paragraph (1)(a) have effect for the purposes of this paragraph as if—
(a)in paragraph (c) of subsection (2), the words “is under section 279(2) or (3) and” were omitted;
(b)after that paragraph there were inserted—
“(d)in respect of the imposition of a requirement to demolish a building or other structure either wholly or partly, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value to that person of any materials from the demolished building or structure, or from the demolished part of the building or structure, as the case may be;”;
(c)in the definition of “proceeding giving rise to compensation” in subsection (8)—
(i)in paragraph (a), the words “except in relation to compensation under section 279(4)” were omitted;
(ii)in that paragraph, the reference to the imposition of a requirement included a reference to anything that may be done as a result of an order made under section 39 or 41;
(iii)paragraph (b) were omitted.
(3)The provisions of section 233 of the 1997 Act specified in sub-paragraph (1)(b) have effect for the purposes of this paragraph as if—
(a)in paragraph (c) of subsection (2), the words “is under section 232(2) or (3) and” were omitted;
(b)after that paragraph there were inserted—
“(d)in respect of the imposition of a requirement to demolish a building or other structure either wholly or partly, any expense reasonably incurred by the person carrying on the undertaking in complying with the requirement, reduced by the value to that person of any materials from the demolished building or structure, or from the demolished part of the building or structure, as the case may be;”;
(c)in the definition of “proceeding giving rise to compensation” in subsection (8)—
(i)in paragraph (a), the words “except in relation to compensation under section 232(4)” were omitted;
(ii)in that paragraph, the reference to the imposition of a requirement included a reference to anything that may be done as a result of an order made under section 39 or 41;
(iii)paragraph (b) were omitted.
Commencement Information
I1Sch. 9 para. 3 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 113 (with reg. 3)