Prospective

PART 7 E+W OTHER POWERS RELATING TO USE OR CONDITION OF LAND

CHAPTER 1 E+W POWERS TO REQUIRE DISCONTINUANCE OF USE OF LAND ETC.

Compensation and purchase of interests in land E+W

211 Compensation for damage caused by discontinuance order E+W

(1) This section applies where a discontinuance order is made in relation to land in the area of a planning authority.

(2) Any person is entitled, on making a claim to the planning authority, to be paid compensation by the authority for any damage suffered by the person in consequence of the order—

(a) by depreciation of the value of an interest to which the person is entitled in the land, or

(b) by being disturbed in the enjoyment of the land.

(3) Any person who carries out works in compliance with the order is entitled, on making a claim to the planning authority, to be paid compensation by the authority for any expenditure reasonably incurred by the person in respect of the works.

(4) A claim for compensation under this section must be made in writing within 12 months beginning with the day the order takes effect.

(5) Compensation payable under this section must be reduced by the value to the claimant of any timber, apparatus or other materials removed for the purpose of complying with the order.

(6) No compensation is payable under this section if—

(a) a person who has an interest in the land to which a discontinuance order relates serves a purchase notice under section 213 in consequence of the order, and

(b) the person’s interest is acquired in accordance with Schedule 12.

Commencement Information

I1 S. 211 not in force at Royal Assent, see s. 409(2)