The Conservation (Natural Habitats, &c.) Regulations 1994

Authorisations under the Pipe–lines Act 1962: compensation for revocation or variation

78.—(1) Where a direction deeming planning permission to be granted is revoked or varied pursuant to regulation 75, that permission shall be treated–

(a) for the purposes of Part IV of the Town and Country Planning Act 1990(1) (compensation) as having been revoked or modified by order under section 97 of that Act, or

(b) for the purposes of Part VIII of the Town and Country Planning (Scotland) Act 1972(2)(Compensation) as having been revoked or modified by order under section 42 of that Act.

(2) Where an authorisation under the Pipe–lines Act 1962 is revoked or varied pursuant to regulation 75, Part IV of the Town and Country Planning Act 1990 or Part VIII of the Town and Country Planning (Scotland) Act 1972 (compensation) shall apply as if–

(a) the authorisation had been planning permission granted on an appplication under that Act and had been revoked or modified by order under section 97 of the 1990 Act or section 42 of the 1972 Act; and

(b) each of those Parts provided that the Secretary of State was the person liable to pay any compensation provided for by that Part.

This paragraph shall not have effect to confer any right to compensation for any expenditure, loss or damage for which compensation is payable by virtue of paragraph (1) above.

(3) Where the Secretary of State decides not to proceed with the revocation or variation of an authorisation under the Pipe–lines Act 1962, or a direction deeming planning permission to be granted, any claim for compensation by virtue of this regulation shall be limited to any loss or damage directly attributable to the authorisation or direction ceasing to have effect or being varied for the duration of the period between the revocation or variation taking effect under regulation 77(1) and the Secretary of State deciding not to proceed with it.

(4) Where compensation is payable by virtue of this regulation, the question as to the amount of the compensation shall be referred to and determined by the Lands Tribunal, or the Lands Tribunal for Scotland, unless and to the extent that in any particular case the Secretary of State has indicated in writing that such a reference and determination may be dispensed with.

(1)

1990 c. 8.

(2)

1972 c. 52.