The London Legacy Development Corporation (Planning Functions) Order 2012

Transitional provision: compensation in connection with planning functions

4.—(1) Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 (1) of the 1990 Act, section 28 or 29 of the Listed Buildings Act or regulation 24 of the Tree Preservation Regulations in consequence of action taken in relation to land within the development area by a borough planning authority, the liability to pay compensation shall rest with the borough planning authority.

(2) Where—

(a) the Secretary of State makes a determination—

(i) of an appeal against action taken by a borough planning authority as is mentioned in paragraph (1); or

(ii) on a reference made to the Secretary of State by such an authority; and

(b) that determination gives rise to a right to compensation,

that borough planning authority shall be liable to pay compensation.

(3) Where, on or after the commencement date, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act(2) in respect of a matter arising before that date, which relates to land within the development area, the borough planning authority which was the local planning authority in relation to that land when the matter arose shall be liable to pay any compensation arising from the order or notice.

(1)

Section 107 was amended by sections 21 and 31 of, and paragraph 8 of Schedule 1 to and paragraph 13 of Schedule 6 to, the 1991 Act; section 108 was amended by section 13(4) of that Act, sections 40 and 118 of the 2004 Act, section 189 of the 2008 Act and section 121 of, and Schedule 12 to the 2011 Act; sections 203 and 204 were repealed by sections 192 and 238 of, and Schedule 13 to, the 2008 Act. Regulation 26 of the Tree Preservation Regulations makes transitional provision in respect of these sections.

(2)

Section 100 was amended by section 21 of, and paragraph 5 of Schedule 1 to, the 1991 Act and section 202 was amended by sections 192 and 238 of, and paragraphs 7 and 10 of Schedule 8 to, and Schedule 13 to the 2008 Act.