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.

    57/500 page 41
    must exclude any sums paid on acquisition for injurious affection or severance. Increase in value of contiguous or adjacent land Compensation payable for the acquisition of an interest in land may be reduced by reason of the general “‘set off’ provisions contained in section 9 of the Act (see Chapter IT) because an increase takes place in the value of an interest in contiguous or adjacent land in the same ownership at the date of the notice to treat, arising from development proposed to be carried out by the acquiring authority which would not have been likely to be carried out unless the land were so acquired. Other Acts, as well, make similar provisions in special cases for the set off of such enhancement in value of adjacent land. Where a claim arises for additional compensation resulting from a subsequent planning decision permitting additional development, it is necessary to consider the effect of such new planning permission on the circumstances which existed as at the date of the notice to treat and to take into account any amount of “set off”? which would have been assessed in the light of the new permission. The Third Schedule accordingly provides that in calculating the amounts required to be ascertained for the purpose of arriving at the amount of additional compensation payable under section 18 of the Act, namely, both :— (a) the amount of compensation that would have been payable for the land with the benefit of planning consent for the additional development, and (b) the compensation received or previously payable, « any reduction in compensation resulting from the “set off’ pro- visions in this or any other Act is to be taken into account. Change of circumstances Where the interest in the adjacent or contiguous land is still held by the owner at the date of the subsequent planning decision which gives rise to the claim for additional compensation, no difficulty arises in the application of the foregoing provisions. Where, however, the owner is no longer entitled to the interest in the whole or part of the adjacent or contiguous land, the following adjustments are to be made so that the two amounts to be calculated can be arrived at on a common footing. In cases where the owner is not entitled to the interest in adjacent or contiguous land at the date of the subsequent planning decision, the two amounts are to be calculated by reference to the circum- 4]
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