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Land Compensation Act 1973
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2024/174 Sch. 8 para. 1 2
- Act applied (with modifications) by S.I. 2024/230 Sch. 9 para. 1 2
- Act applied (with modifications) by S.I. 2024/360 Sch. 5 para. 1 3
- Act applied (with modifications) by S.I. 2024/393 Sch. 10 para. 1 2
- Act applied (with modifications) by S.I. 2024/436 Sch. 9 para. 1 3
- Act modified by S.I. 2020/1297 Sch. 5 para. 3 (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
- Act modified by S.I. 2021/51 Sch. 6 para. 3 (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12A(9)(b)(c) substituted for s. 12A(9)(b) by 2002 c. 15 Sch. 8 para. 1(4)
- s. 52A(2B) inserted by 2016 c. 22 s. 196(2)(b)
- s. 52A(2B) words substituted by 2017 c. 20 s. 39
5 Assessment of compensation: assumptions as to planning permission.E+W
(1)The following assumptions shall be made in assessing the value of the interest in respect of which the claim is made.
F1[(2)Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted—
(a)subject to the condition set out in Schedule 10 to the Town and Country Planning Act 1990, for any development of a class specified in paragraph 1 of Schedule 3 to that Act; and
(b)for any development of a class specified in paragraph 2 of Schedule 3 to that Act.]
(3)Notwithstanding subsection (2) above—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)where an order has been made under [F3section 102 of or paragraph 1 of Schedule 9 to the said Act of 1990], in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation has become payable in respect of that order under [F3section 115]of that Act, it shall not by virtue of the said subsection (2) be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.
(4)It shall be assumed that planning permission would not be granted in respect of the relevant land or any part thereof for any development other than such development as is mentioned in subsection (2) above; and, if planning permission has been granted in respect of the relevant land or any part thereof for such other development, it shall be assumed that the planning permission has not been granted in so far as it relates to development that has not been carried out.
(5)In this section any expression which is also used in [F4the said Act of 1990]has the same meaning as in that Act and references to any provision of that Act include references to any corresponding provision previously in force.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F1S. 5(2) substituted (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), s. 31(4), Sch. 6 para. 5(1)(a) (as applied retrospectively by para. 5(2)) (with s. 84(5))
F2S. 5(3)(a)(b) repealed (25.7.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1, 123:1), ss. 31(4), 84(6), Sch. 6 para. 5(1)(b), Sch. 19 Pt. II (as applied retrospectively by para. 5(2)) (with s. 84(5))
F3Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(b)(iii)
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(2)(c)
Modifications etc. (not altering text)
C1S. 5(2)(3)(4) applied by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 146(7), 147, 157(3)
C2S. 5(2)-(5) applied (5.11.1993) by 1993 c. 42, s. 21, Sch. 7 para. 16(2)(e) (with s. 30(1), Sch. 2 para. 9).
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