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.

    325/356 (page 297)
    OF UNEXPENDED BALANCE) REGULATIONS, 1955 to require further particulars) of the 1949 Rules, set out as amended, ante, in the notes to rr. 2 to 7 of the present rules. Expert witness. Seer. 31 of the 1949 Rules, Hill, 2nd Supp., p. B126. Appearance by other interested persons. Persons other than the appellant may be entitled to be heard. Notice of intention to appear must be given in accordance with r. 5A, set out, ante, in the notes to rr. 2 to 7 of the present amendment rules. It should contain the particulars mentioned in r. 5A (3). Form 3A Lands Tribunal Act, 1949 Notice of Appeal under Part IIA [Omitted] THE ACQUISITION OF LAND (DIVISION OF UNEXPENDED BALANCE) REGULATIONS, 1955 DATED I5TH JANUARY 1955, MADE BY THE MINISTER OF HOUSING AND LocaL GOVERNMENT UNDER SECTIONS 31 AND 68 OF THE TOWN AND COUNTRY PLANNING ACT, 1954 [S.1. 1955 No. 80] EXPLANATORY NOTE These regulations provide for the determination of certain questions arising under s. 31 of, and the Fifth Schedule to, the Act of 1954, ante. With certain exceptions, that section provides for the addition, to compensation calculated on the basis of existing use, of a supplement derived from the unexpended balance or balances of established development value of “‘ the relevant land ’’, where an interest therein (‘‘ the relevant interest ’’) is acquired by an authority having the benefit of the Act of 1919. S. 31 can apply only when the acquisition is a compulsory acquisition, by such an authority, in pursuance of a notice to treat, or construction notice, served or deemed to be served on or after 1st January 1955. The supplement is an amount derived from the unexpended balance of the relevant land, being the amount attributable to the relevant interest in accordance with s. 30 (1) and the Fifth Schedule. S. 30 (2), ante, under which the present regulations are made, affords certain rights of objection to persons entitled to interests (other than “ the relevant interest ’’) in the relevant land. Disputes connected with the payment of such supplemental compensation appear to be of three types: (1) The owner of the relevant interest may wish to maintain that such compensation. is payable or that a greater amount should be attributed to his interest; this seems to be a matter to be decided as part of the general question of how much compensation is payable. It can be settled, in the absence of other complications, by a reference of the disputed compensation to the Lands Tribunal, in accordance with the “ special Act ’’ under which the acquisition is made. (2) The owner of the relevant interest, and other persons having interests in the relevant land or part thereof (whether or not such other interests are acquired or left outstanding) may be concerned with apportionments of development value, or with the apportionment or calculation of deductions falling to be made, in finding the original or current unexpended balance or balances of the relevant land or some part or parts thereof. Here the owner of the relevant interest, and other persons having interests in the relevant land or parts thereof, may be in dispute among themselves, or with their neighbours, or with the Central Land Board or the acquiring authority. The addition of s. 48 to the Bill for the Act of 1954 was intended to allow questions as to the current balance or balances to be determined by the Central Land Board; see s. 48 (2), ante, and the Central Land Board (Provision of Information) Regulations, 1954 (S.I. 1954 No. 1706), ante. Toa large extent, a certificate of the Board under s. 48 (2) will settle the disputes mentioned in this paragraph. It may still, however, be necessary to sub-divide the units shown as having a balance by such a certificate, into “‘ relevant areas’ if competing interests exist in some part only of a unit; cf. the notes to s. 31, ante, summarising the effect of the Fifth Schedule. It will be better, if not essential, to have the balances of relevant areas separately certified by the Board. (3) The owners of the interests, other than the relevant interest, which may subsist wholly or partly in the same land as the relevant interest, may wish to dispute the division of the balance attaching to the whole or any part of the relevant land as between themselves, on the one hand, and the owner of the relevant interest, on the other hand. It seems to be with this type of dispute that the