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.

    319/356 (page 291)
    THE LANDS TRIBUNAL (AMENDMENT) RULES, 1955 “The registrar’’ and ‘“‘the office’’ mean respectively the registrar and the office for. the time being of the Lands Tribunal; ““ Appeal against a determination ”’ means an appeal against a determination of any question by any Government department, authority or person from which . . . an appeal lies to the Lands Tribunal and to which appeal the determining authority is the respondent; “ Interested person ’’ means, in the case of an appeal against a determination, any person at whose instance an appeal against the determination will lie under the enactment conferring a right of appeal or, where the appeal is against a determination by the Central Land Board, the claimant within the meaning of the Claims for Depreciation of Land Values Regulations, 1948, or, as the case may be, the Planning Payments (War Damage) Regulations, 1949; [‘‘ Interested person’”’ means, in the case of an appeal against a deter- mination, any person at whose instance an appeal against the determination will lie under the enactment conferring the right of appeal or, where the appeal is against a determination by the Central Land Board under the Claims for Depreciation of Land Values Regulations, 1948, or the Planning Payments (War Damage) Regulations, 1949, the claimant within the meaning of the former or, as the case may be, the latter of those Regulations; ] ““Net annual value’’ means the net annual value of the hereditament to which an appeal relates as appearing in the valuation list, or, if the net annual value of the hereditament does not appear in the valuation list, the rateable value as so appearing; ‘“ Valuation list ’’ includes a draft valuation list; “Valuation officer’ has the meaning assigned to it by section 33 of the Local Government Act, 1948. (2) A Form referred to by number means the Form so numbered in the First Schedule to these Rules. (3) The Interpretation Act, 1889, shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. Part I Appeals against Determinations 3. Notice of appeal.—(1) An appeal against a determination may be instituted by sending to the registrar in duplicate a written notice of appeal. (2) In the case of an appeal against a determination by the Central Land Board under the Claims of Depreciation of Land Values Regulations, 1948, or the Planning Payments (War Damage) Regulations, 1949, the notice of appeal shall be substantially in accordance with Form 1. [(2a) In the case of an appeal against a determination by the Minister of Housing and Local Government, the Central Land Board, an acquiring authority or a local planning authority under section 13, 27, 31, 39, 40, 45, 48 or 66 of the Town and Country Planning Act, 1954, the notice of appeal shall be substantially in accordance with Form Ia.] (3) In the case of an appeal against any determination by the Commissioners of Inland Revenue in respect of which, but for the provisions of the Act, there would be a right of appeal to one of the panel of referees appointed under Part I of the Finance (1909-10) Act, 1910 (including an appeal against a decision of the Commissioners under section 60 of that Act) the notice of appeal shall be sub- stantially in accordance with Form 2. (4) In the case of any other appeal against a determination, the notice of appeal shall, unless otherwise provided by the Order im Council [enactment] by virtue of which an appeal against the determination lies to the Lands Tribunal, state :— (i) the name and address of the appellant ; (ii) the name of the determining authority and the date, reference number and short particulars of the determination ; (iii) the description of the land or hereditament which is the subject of the appeal ; (iv) Micrecston which the appellant requires to be determined by a tribunal, including a statement of the figure representing the amount or value which the appellant requires to be so determined ; (v) the grounds of appeal; ) whether the appellant does or does not propose to call an expert witness to give evidence in support of any valuation; (vii) an address to which communications regarding the appeal should be sent. The President may, if he thinks fit, prescribe forms of notice of appeal for use in connection with appeals to which this paragraph applies. 4. Time for giving notice.—A notice of appeal shall not be valid unless it is given by an interested person and is sent to the registrar within 30 days from the date on which notice of the determination was served upon the appellant, or within such other time as may be prescribed by the Order in Council [enactment | by virtue of which an appeal against the determination lies to the Lands Tribunal.