Part V Compensation for Restrictions on New Development in Limited Cases

Preliminary

119 Scope of Part V.

1

This Part shall have effect for enabling compensation to be claimed in respect of planning decisions by which permission for the carrying out of new development of land is refused or is granted subject to conditions, in cases where at the time of the decision the land, or part of the land, has an unexpended balance of established development value.

2

Schedule 12 shall have effect for the purpose of determining whether land has an unexpended balance of established development value for the purposes of this Part and, if so, what the amount of that balance is and for making further provision with respect to those questions.

3

In accordance with subsection (5) of section 63, subsection (3) of that section does not apply for the purposes of this Part.

4

In this Part—

a

“interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it; and

b

“local planning authority”, in relation to a planning decision, means the authority who made the decision.