The Town and country planning act, 1954 / with general introduction and annotations by D.P. Kerrigan and J.D. James.

  • United Kingdom
Date:
1955
Catalogue details

Licence: Public Domain Mark

Credit: The Town and country planning act, 1954 / with general introduction and annotations by D.P. Kerrigan and J.D. James. Source: Wellcome Collection.

    316/356 (page 288)
    No. 89.—THE TOWN AND COUNTRY PLANNING ACT, 1954 purchase which the rentcharge might have been expected to realise on a sale thereof made in the open market immediately after the relevant decision if at that time— (i) in a case where the relevant decision was an order revoking or modifying planning permission, that order had not’been made; and (ii) in a case of any other relevant decision, that decision had been a decision to the contrary effect. * * * * * THE LANDS TRIBUNAL (AMENDMENT) RULES, 1955 DATED IOTH JANUARY 1955, MADE BY THE LORD CHANCELLOR UNDER SECTION 3 OF THE LANDS TRIBUNAL ACT, 1949 [S.I. 1955 No. 54] EXPLANATORY NOTES The Lands Tribunal came into being on 1st January 1950, by virtue of the Lands Tribunal (Appointed Day) Order, 1949 (S.I. 1949 No. 2335; Hill, 2nd Supp., p. B139), made under the Lands Tribunal Act, 1949 (Hill, 2nd Supp., pp. B1I-B24; 61 Statutes Supp. 32 ef seq.). To the Tribunal was transferred the jurisdiction, in England and Wales, of the official arbitrators under the Act of 1919 (Hill, pp. 701-711; 3 Halsbury’s Statutes (2nd Edn.) 975-984), including their jurisdiction over matters required to be decided by them under enactments subsequent to the Act of Ig19. The Tribunal was given additional jurisdiction by the Lands Tribunal Act itself, and this has subsequently been further extended. The original jurisdiction included the following matters connected with the Act of 1947 :— A. References. (1) References of disputed compensation payable for the compulsory acquisition of land by an authority entitled to the benefit of the Act of 1919; (2) References of similar disputes as to the injurious affection caused to other land where compensation is payable under the Lands Clauses Acts by such an authority; (3) References relating to other incidental matters on compulsory acquisition ; é.g., the apportionment of rentcharges, etc., under s. 116 of the Lands Clauses Consolidation Act, 1845 (3 Halsbury’s Statutes (2nd Edn.) 947); | (4) References of disputed compensation for planning restrictions in those cases where compensation is payable under the Act of 1947. S. 110 of that Act (as amended) requires compensation under ss. 20, 22 and 27 thereof to be determined in the same manner as compensation for a Compulsory acquisition (see Hill, pp. 245, 84, 88, 101; 48 Statutes Supp. 190, 58, 61, 71). (5) References of disputed compensation for abortive expenditure under s. 79 of the Act of 1947 (Hill, p. 197; 48 Statutes Supp. 151). ‘See also that section as applied by reg. Io of the T. & C.P. (Minerals) Kegulations, 1954 (S.I. 1954 No. 1706), ante. B. Appeals against Determinations. (6) Appeals against the determination, by the Central Land Board, of Part VI claims under the Act of 1947. (7) Appeals against determinations made for the purposes of the War Damage Scheme under s. 59 of the Act of 1947; cf. the notes to s. 57 of the 1954 Act, ante; including appeals against the determination of rentcharge claims thereunder. The distinction between a reference and an appeal against a determination lies in the fact that (in the latter case) the determining authority is itself the respondent to the appeal against its determination. The present Lands Tribunal (Amendment) Rules provide for appeals against determinations (in the nature of findings, apportionments, proposals, notice, or calculations, as the case may be) made by the following authorities under the Act of 1954, ante :— (a) The Central Land Board, as the authority determining Part I payments (s. 13); or issuing certificates as to original or current unexpended balances of estab- lished development value (s. 48 (1) and (2) ); (6) The Minister, as the authority determining the amount of compensation payable under Part II or Part V (ss. 27 and 45); or where the Minister proposes to make an Exchequer contribution to the compensation payable for depreciation in the value of an interest in land by a revocation or modification of planning permission (s. 40); or serves a rentcharge notice, under S.I. 1955 No. 38, ante (Ss. 66). (c) The local planning authority (or delegate authority) apportioning compensation for depreciation for the purposes of registration as a local land charge (s. 39).