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Town and Country Planning (Scotland) Act 1954

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4If the land affected, taken as a whole, does not satisfy the conditions mentioned in the last preceding paragraph, then, for the purpose of assessing the compensation in respect of the interest affected—

(a)the loss of development value of the interest affected and of any other interest affected shall first be ascertained with reference to the whole of the land affected in which the interest in question subsists ;

(b)the land affected shall then be treated as divided into as many parts as may be requisite to ensure that each such part consists of land which either satisfies the conditions aforesaid or is not qualified land ; and

(c)the loss of development value of each of the interests aforesaid, ascertained as aforesaid, shall then be apportioned between the said parts according to the nature of those parts and the effect of the injurious act or event in relation to each of them,

and the compensation payable in respect of the interest affected in addition to the loss of immediate value shall be the aggregate of the amounts which would be so payable by virtue of the last preceding paragraph if each such part had been the whole of the land affected.

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