Part IV

Compensation for Effects of Certain Orders, Notices etc.

Compensation for revocation or modification of planning permission

Provisions for payment or remission of amount recoverable under section 80.
82
1
Subject to subsection (2), any sum recovered by the Secretary of State under section 80 shall be paid to the planning authority who paid the compensation to which that sum relates.
2
Subject to subsection (3), in paying any such sum to the planning authority, the Secretary of State shall deduct from it the amount of any grant paid by him under Part XIII in respect of that compensation.
3
If the sum recovered by the Secretary of State under section 80—
a
is an instalment of the total sum recoverable, or
b
is recovered by reference to development of part of the land in respect of which the compensation was payable,
any deduction to be made under subsection (2) shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that subsection.
Pt. IV applied (with modifications) by S.I. 1994/2716, reg. 82D(2) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (Consequential and Transitional Provisions) Order 2007 (S.S.I. 2007/517), arts. 1(1), 3(4))
Pt. IV applied (with modifications) (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 89(1)-(3), 93(1)-(3)(with reg. 125)
Pt. IV applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 31(3) (with arts. 4, 5)
Pt. IV modified (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 92(1)-(3), 96(1)-(3)
S. 82 applied (29.7.2021) by Space Industry Act 2018 (c. 5), ss. 47(4), 70(1); S.I. 2021/817, reg. 2, Sch. para. 83 (with reg. 3)