Search Legislation

Planning Act 2008

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Compensation

 Help about opening options

Changes to legislation:

Planning Act 2008, Cross Heading: Compensation is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

CompensationE+W+S

6(1)This paragraph applies if—E+W+S

(a)in exercise of the power conferred by paragraph 3, the [F1Secretary of State] makes a change to, or revokes, a development consent order,

(b)the case in which the power is exercised is one falling within sub-paragraph (3)F2... or (7) of that paragraph,

(c)on a claim for compensation under this paragraph it is shown that a person with an interest in the land, or for whose benefit the development consent order has effect—

(i)has incurred expenditure in carrying out work which is rendered abortive by the change or revocation, or

(ii)has otherwise sustained loss or damage which is directly attributable to the change or revocation, and

(d)the claim is made to the [F1Secretary of State] in the prescribed manner and before the end of the prescribed period.

(2)Compensation in respect of the expenditure, loss or damage is payable to the person [F3by the Secretary of State.]

(3)The reference in sub-paragraph (1)(c)(i) to expenditure incurred in carrying out any work includes a reference to expenditure incurred —

(a)in the preparation of plans for the purposes of the work, or

(b)on other similar matters preparatory to carrying out the work.

(4)Subject to sub-paragraph (3), no compensation is to be paid under this paragraph—

(a)in respect of any work carried out before the development consent order was made, or

(b)in respect of any other loss or damage arising out of anything done or omitted to be done before the development consent order was made (other than loss or damage consisting of depreciation of the value of an interest in land).

(5)The Secretary of State may by regulations make provision about the assessment of compensation payable under this paragraph.

(6)The regulations may in particular include provision—

(a)for the reference of disputes about compensation for depreciation to, and the determination of such disputes by F4... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal;

(b)applying, with or without modifications, a provision of or made under an Act.

Textual Amendments

F2Words in Sch. 6 para. 6(1)(b) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 20; S.I. 2012/628, art. 7(b)

F3Words in Sch. 6 para. 6(2) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 72(12); S.I. 2012/628, art. 7(a)

Commencement Information

I1Sch. 6 para. 6 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)

7(1)In this paragraph “compensation for depreciation” means compensation payable under paragraph 6 in respect of loss or damage consisting of depreciation of the value of an interest in land.E+W+S

(2)The Secretary of State may by regulations make provision about the apportionment of compensation for depreciation between different parts of the land to which the claim for the compensation relates.

(3)The regulations may in particular include provision about—

(a)who is to make an apportionment;

(b)the persons to whom notice of an apportionment is to be given;

(c)how an apportionment is to be made;

(d)the reference of disputes about an apportionment to, and the determination of such disputes by, F5... the Lands Tribunal for Scotland, the First-tier Tribunal or the Upper Tribunal.

(4)The Secretary of State may by regulations make provision for, and in connection with, the giving of notice of compensation for depreciation.

(5)The regulations may in particular include provision about—

(a)the persons to whom notice of compensation for depreciation is to be given;

(b)the status of such a notice;

(c)the registration of such a notice.

Textual Amendments

Commencement Information

I2Sch. 6 para. 7 in force at 1.10.2011 by S.I. 2011/2054, art. 2(b)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources