C1PART 7Compulsory purchase etc
Power to override easements and other rights
I1204Compensation for overridden easements etc
1
A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 F2(1)(a) or (b)(i) or (4)(a) or (b)(i).
F31A
But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.
2
The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.
3
Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—
a
the liability is enforceable against the authority, but
b
the authority may recover from that person any amount it pays out.
F14
The authority against which a liability is enforceable by virtue of subsection (3)(a) is—
a
where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority,
b
where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or
c
in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.
5
Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.
Pts. 6, 7: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)