PART 12STATUTORY UNDERTAKERS ETC.

Compensation

319Right to compensation for effects of certain planning decisions and orders

(1)

A statutory undertaker is entitled to be paid compensation by the planning authority in accordance with section 321—

(a)

in respect of a decision made in accordance with section 309 refusing planning permission for the development of the statutory undertaker’s operational land or granting it subject to conditions where—

(i)

planning permission for the development would have been granted by a development order or a local development order but for a direction given under the order that the permission does not apply to the development, and

(ii)

it is not development that has been specifically approved by Senedd Cymru or the Parliament of the United Kingdom (within the meaning given by section 307(2)), or

(b)

in respect of an order made under section 102, as it has effect by virtue of section 311, modifying or revoking planning permission granted on the statutory undertaker’s application for the development of the undertaker’s operational land.

(2)

A claim for compensation under subsection (1) must be made in writing within 12 months beginning with the day the planning decision is made or (as the case may be) the modification or revocation takes effect.

(3)

Subsection (1) does not apply in respect of a decision or order if—

(a)

it relates to land acquired by the statutory undertaker after 7 January 1947, and

(b)

the Welsh Ministers and the appropriate Minister include in the decision or order a direction that subsection (1) does not apply to it.

(4)

The Welsh Ministers and the appropriate Minister may only give a direction under subsection (3) if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other relevant considerations, that it is unreasonable that compensation should be payable in respect of the decision or order in question.

(5)

In subsection (1)—

(a)

“the planning authority” means the planning authority in whose area the operational land in question is situated;

(b)

for the purpose of the reference to granting planning permission subject to conditions, any condition to which planning permission is subject by virtue of section 93 or 94 (periods for starting development and applying for approval of reserved matters) or Schedule 5 (duration of minerals development) must be ignored.