The Town and Country Planning Act 1959 / by T.J. Nardecchia and David Sullivan.

  • Great Britain.
Date:
1959
Catalogue details

Licence: Public Domain Mark

Credit: The Town and Country Planning Act 1959 / by T.J. Nardecchia and David Sullivan. Source: Wellcome Collection.

    30/500 (page 14)
    CHAPTER I THE PLANNING BASIS FOR MARKET VALUE Full market-value for compensation Section 1 of the 1959 Act is the kernel of the new compensation code. Indeed some purists think that Part I should have both begun and ended with the section. By it, the limited basis laid down by the Acts of 1947 and 1954 for the assessment of compensation for compulsory purchase is abolished prospectively. Thus any acquisition of land initiated by a notice to treat served, or deemed to be served, after the 29th October, 1958—the date when the Bill of the Act was pre- sented—is now freed from the limitations imposed by those preceding Acts. Those limitations, it will be remembered, restricted compensation to the existing use value of the interest acquired, plus any unexpended balance of established development value attributable to that interest. With the removal of those limiting factors by the repeal of section 51 (2) and (4) of the 1947 Act and of Part III of the 1954 Act, two principal changes are now brought about :— (a) the Rules laid down by the Acquisition of Land (Assess- ment of Compensation) Act, 1919, are reinstated from a footstool to the seat of honour. It is ful] current market value which now falls to be measured by those Rules in assessing compensation for the acquired interest. To these Rules, however, are now added three new rules, set out in section 9 of the 1959 Act : see Chapter III. (6) where planning permission has actually been granted, or is deemed to have been granted, for any development of the land acquired, regard may now be paid to the effect on market value of any such permission, even though the development has not been carried out or commenced. Since compensation for compulsory acquisition is now restored to full market value, it follows that the price to be paid on sales by agreement in the shadow of compulsory powers will fall to be assessed on the same basis ; and all matters which can be taken into account on compulsory acquisition will apply to such a negotiated sale. With full market value set once again in the saddle by section 1, the sections immediately following, namely sections 2-8 of the Act of 1959, lay down the planning basis on which the open market valuations are to be made for the future.