Planning Act 2008
2008 CHAPTER 29
Commentary
Schedule 5, Paragraphs 6 and 7: Compensation
256.Paragraph 6 gives to those with an interest in land, or who benefit from an order, a right to compensation in respect of certain losses. Compensation may be payable if expenditure has been incurred in carrying out work (including preparatory work or planning) which is rendered abortive by a change to, or revocation of, the order. A right to compensation may also arise in relation other loss or damage which is directly attributable to the change or revocation. Paragraph 6 also specifies to whom and by whom the compensation must be paid. The Secretary of State may make regulations about the assessment of compensation. Paragraph 7 deals specifically with ‘compensation for depreciation’. This term is defined as meaning compensation payable in respect of loss or damage consisting of depreciation of the value of an interest in land. The Secretary of State is given the power to make regulations about this and the apportionment of compensation under this head.
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