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Part IE+W Compensation for Depreciation Caused by use of Public Works

Modifications etc. (not altering text)

C3Pt. I applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

3 Claims.E+W

(1)A claim under this Part of this Act shall be made by serving on the responsible authority a notice containing particulars of—

(a)the land in respect of which the claim is made;

(b)the claimant’s interest and the date on which, and the manner in which, it was acquired;

(c)the claimant’s occupation of the land (except where the interest qualifies for compensation without occupation);

(d)any other interests in the land so far as known to the claimant;

(e)the public works to which the claim relates;

(f)the amount of compensation claimed;

(g)any land contiguous or adjacent to the land in respect of which the claim is made, being land to which the claimant was entitled in the same capacity (within the meaning of section 6 below) on the relevant date.

(2)Subject to the provisions of this section and of sections 12 and 14 below, no claim shall be made [F1before the expiration of twelve months from the relevant date; and the day next following the expiration of the said twelve months is in this Part of this Act referred to as “the first claim day”.]

(3)Subsection (2) above shall not preclude the making of a claim in respect of an interest in land before [F2the first claim day] if—

(a)the claimant has during the said twelve months made a contract for disposing of that interest or (in so far as the interest is in land which is not a dwelling) for the grant of a tenancy of that land; and

(b)the claim is made before the interest is disposed of or the tenancy is granted;

but compensation shall not be payable before [F2the first claim day] on any claim made by virtue of this subsection.

(4)Where notice of a claim has been served on a responsible authority, any person authorised by that authority may, on giving reasonable notice, enter the land to which the claim relates for the purpose of surveying it and ascertaining its value in connection with the claim; and any person who wilfully obstructs a person in the exercise of the powers conferred by this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F3level 1 on the standard scale].

(5)Where compensation is payable by a responsible authority on a claim there shall be payable by the authority, in addition to the compensation, any reasonable valuation or legal expenses incurred by the claimant for the purposes of the preparation and prosecution of the claim; but this subsection is without prejudice to the powers of the [F4Upper Tribunal in respect of the costs of and incidental to proceedings in the Upper Tribunal by virtue of section 29 of the Tribunals, Courts and Enforcement Act 2007].

Textual Amendments

F1Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(2)(9) except in cases where the relevant date was more than 3 years before 13.11.1980

F2Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(4)(9) except in cases where the relevant date was more than 3 years before 13.11.1980