Part IV

Compensation for Effects of Certain Orders, Notices etc.

Compensation for revocation or modification of planning permission

Compensation in respect of orders under section 71 etc.
83
1
This section shall have effect where an order is made under section 71 or paragraph 1 of Schedule 8—
a
requiring a use of land to be discontinued,
b
imposing conditions on the continuance of it, or
c
requiring any buildings or works on land or, in the case of an order under paragraph 1 of Schedule 8, any plant or machinery to be altered or removed.
2
If, on a claim made to the planning authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order—
a
by depreciation of the value of an interest to which he is entitled in the land, or
b
by being disturbed in his enjoyment of the land,
that authority shall pay to that person compensation in respect of that damage.
3
Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.
4
Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.
S. 83 modified (conditionally) (25.1.1999) by S.I. 1998/2914, regs. 1, 5
S. 83 modified (25.1.1999) by S.I. 1998/2914, regs. 1, 6
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)