Part 5

Applications for orders granting development consent
Chapter 2

Pre-application procedure

Categories for purposes of section 42(1)(d)
44
1
A person is within Category 1 if the applicant, after making diligent inquiry, knows that the person is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land.
2
A person is within Category 2 if the applicant, after making diligent inquiry, knows that the person—
a
is interested in the land, or
b
has power—
i
to sell and convey the land, or
ii
to release the land.
3
An expression, other than “the land”, that appears in subsection (2) of this section and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in subsection (2) the meaning that it has in section 5(1) of that Act.
4
A person is within Category 3 if the applicant thinks that, if the order sought by the proposed application were to be made and fully implemented, the person would or might be entitled—
a
as a result of the implementing of the order,
b
as a result of the order having been implemented, or
c
as a result of use of the land once the order has been implemented,
to make a relevant claim.
This is subject to subsection (5).
5
A person is within Category 3 only if the person is known to the applicant after making diligent inquiry.
6
In subsection (4) “relevant claim” means—
a
a claim under section 10 of the Compulsory Purchase Act 1965 (c. 56) (compensation where satisfaction not made for the taking, or injurious affection, of land subject to compulsory purchase);
b
a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works);
c
a claim under section 152(3).
S. 44 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)
S. 44 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(b), 324(3); S.I. 2010/298, art. 2, Sch. para. 6
S. 44(6)(c) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 135(8), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)