Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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Part I Miscellaneous Amendments

Rules for assessment of compensation

1 In section 5 of the [1961 c. 33.] Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) "the special needs of a particular purchaser or" is omitted.

Expenses in acquiring replacement land

2 After section 10 of the [1961 c. 33.] Land Compensation Act 1961 there is inserted--

" 10A Expenses of owners not in occupation

Where, in consequence of any compulsory acquisition of land--

(a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and

(b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom,

the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land. "

Compensation otherwise than in the form of money

3 In section 3 of the [1965 c. 56.] Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after "money" there is inserted "or money's worth".

Tenants at will, etc: part acquisitions

4 In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for "in his tenancy by severing the" there is substituted "by severing".

Caravans etc. affected by noise of public works

5 (1) After section 20 of the [1973 c. 26.] Land Compensation Act 1973 there is inserted--

" 20A Power to make payments in respect of caravans and other structures affected by noise of public works

(1) The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which--

(a) is not a building;

(b) is occupied by a person as his only or main residence; and

(2) Regulations under this section may--

(a) make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it;

(b) specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and

(c) make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed.

(3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that. "

(2) This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the [1973 c. 26.] Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.

Farm loss payments

6 (1) Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.

(2) For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted--

" (a) in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired " .

(3) In subsection (2) (interests qualifying for compensation) for the words following "tenancy" there is substituted "where his interest is as tenant for a year or from year to year or a greater interest, and "sufficient part" means not less than 0.5 hectares or such other area as the Secretary of State may by order specify".

(4) After that subsection there is inserted--

" (2A) The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(5) At the end of subsection (3)(a) (meaning of displacement) there is added "or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority".

(6) Subsection (6) is omitted.

Notice to quit agricultural holding: right to opt for notice of entry compensation

7 At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted "and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord's interest were not an interest in Crown land (as defined by section 293 of the [1990 c. 8.] Town and Country Planning Act 1990)."

Service of documents

8 In section 6(4) of the [1981 c. 67.] Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from "premises or" to the end there is substituted "land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land".

Meaning of "owner"

9 In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of "owner" there is inserted "and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative".

Local authority and statutory undertakers' land

10 (1) At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the [1981 c. 67.] Acquisition of Land Act 1981 (statutory undertakers' land excluded from compulsory purchase if objection made and no certificate given) there is added "and the representation is not withdrawn."

(2) For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted--

" (2) Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it. "

11 In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before "the Land Authority for Wales" there is inserted "an urban development corporation".

Commons, open spaces, etc.

12 (1) In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)--

(a) at the end of subsection (1)(a) there is inserted--

" (aa) that the land is being purchased in order to secure its preservation or improve its management " , and

(b) in subsection (2) after "shall" there is inserted "direct the acquiring authority to",

" (2A) Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct. " , and

(d) at the end of subsection (3) there is added "except where the Secretary of State has given a certificate under subsection (1)(aa) above."

(2) In paragraph 6 of Schedule 3 to that Act--

(a) after sub-paragraph (1)(a) there is inserted--

" (aa) that the right is being acquired in order to secure the preservation or improve the management of the land " , and

(b) in sub-paragraph (3) after "shall" there is inserted "direct the acquiring authority to",

" (3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct. " , and

(d) in sub-paragraph (4), after "mentioned, and" there is inserted "except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above."

Blighted land

13 In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after "interest" there is inserted "or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable".

14 (1) In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted--

" 16 Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority. "

(2) In paragraph 18 of that Schedule for "trunk road or special road" there is substituted "highway".

Part II Minor and Consequential Amendments

Land Compensation Act 1961 (c. 33)

15 (1) In section 14(1) of the Land Compensation Act 1961 after "shall" there is inserted "(subject to subsection (3A) of this section)".

(2) In section 14(3) of that Act, for the words from "but" to the end there is substituted--

" (3A) In determining--

(a) for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or

(b) whether any of the assumptions mentioned in section 16 of this Act (but not section 15) are applicable to the relevant land or any part thereof,

regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part III of this Act. "

16 In section 17 of that Act--

(a) for the words from the beginning of subsection (2) to "acquire it" there is substituted "If the authority proposing to acquire the interest", and

(b) subsection (8) is omitted.

17 In section 19(1) of that Act for "in the circumstances mentioned in subsection (1) of section 17 of this Act" there is substituted "by an authority possessing compulsory purchase powers".

18 Section 22(3) of that Act is omitted.

Compulsory Purchase Act 1965 (c. 56)

19 In section 31 of the Compulsory Purchase Act 1965--

(a) after "but" there is inserted "in the case of land which is not diocesan glebe land",

(b) for "to be applied" there is substituted "and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied", and

(c) at the end of that section there is added-- " In this section "Diocesan Board of Finance" and "diocesan glebe land" have the same meaning as in the [1976 No. 4.] Endowments and Glebe Measure 1976. "

Land Compensation Act 1973 (c. 26)

20 In section 13 of the Land Compensation Act 1973--

(a) in subsection (1) for "to the Church Commissioners to" there is substituted--

" (a) in the case of land which is not diocesan glebe land, to the Church Commissioners; and

(b) in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested,

and (in either case) shall " , and

(b) at the end of subsection (2) there is added "or being diocesan glebe land; and "Diocesan Board of Finance" and "diocesan glebe land" have the same meaning as in the [1976 No. 4.] Endowments and Glebe Measure 1976".

21 In section 26 of that Act--

(a) in subsection (2) for "of the kind mentioned in section 22(2) above" there is substituted "a qualifying interest", and

(b) in subsection (5) for "and (2)" there is substituted "(2) and (2A)".

22 (1) Section 29 of that Act is amended as follows.

(2) In subsection (1)--

(a) in paragraph (ii) "passed the resolution" is omitted;

(b) "and" following paragraph (iii) is omitted;

(d) in paragraph (v) after "(e)" there is inserted "above".

(3) In subsection (3A) the words from "of the service" to "(1)(b) above" are omitted.

(4) In subsection (4)--

(a) for paragraph (b) there is substituted--

" (b) a right to occupy the dwelling--

(i) as a statutory tenant within [1977 c. 42.] the meaning of the [1976 c. 80.] Rent (Agriculture) Act 1976 or the Rent Act 1977, or

(ii) under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act " , and

(b) for paragraph (e) there is substituted--

" (e) a right to occupy the dwelling under a licence where--

(i) it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976,

(ii) Part IV of the [1985 c. 68.] Housing Act 1985 (secure tenancies) applies to the licence, or

(iii) the licence is an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988. "

23 In section 32(7B) of that Act for "the person giving up possession" there is substituted "any person giving up possession or occupation".

24 In section 52 of that Act--

(a) in subsection (9) after "the amount of the advance payment" there is inserted "together with any amount paid under section 52A", and

(b) in subsection (10) the words following "unpaid" are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

25 After section 141(5) of the Local Government, Planning and Land Act 1980 there is inserted--

" (5A) No compensation is payable, by virtue of an order under this section, under Part IV of the [1961 c. 33.] Land Compensation Act 1961. "

Highways Act 1980 (c. 66)

26 In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted "if the interest of the vendor is a qualifying interest".

Acquisition of Land Act 1981 (c. 67)

27 At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added "or being diocesan glebe land within the meaning of the [1976 No. 4.] Endowments and Glebe Measure 1976".

28 Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.

The principal Act

29 In section 231 of the principal Act the words from "for a purpose" to "is situated" are omitted.

30 (1) In section 318 of that Act, in subsection (3) for the words from "be" (in paragraph (a)) to "shall" (in paragraph (b)) there is substituted-- " in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case) " .

(2) In subsection (4)(b) of that section for "(3)(b)" there is substituted "(3)".

(3) At the end of section 318(6) of that Act there is added "or being diocesan glebe land; and "Diocesan Board of Finance" and "diocesan glebe land" have the same meaning as in the Endowments and Glebe Measure 1976".

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

31 (1) In section 86(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for the words from "be" (in paragraph (a)) to "shall" (in paragraph (b)) there is substituted-- " in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case). "

(2) At the end of section 86(4) of that Act there is added " or being diocesan glebe land; and "Diocesan Board of Finance" and "diocesan glebe land" have the same meaning as in the Endowments and Glebe Measure 1976 " .

Planning (Hazardous Substances) Act 1990 (c. 10)

32 (1) In section 34(3) of the Planning (Hazardous Substances) Act 1990 for the words from "be" (in paragraph (a)) to "shall" (in paragraph (b)) there is substituted-- " in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case). "

(2) At the end of section 34(4) of that Act there is added "or being diocesan glebe land; and "Diocesan Board of Finance" and "diocesan glebe land" have the same meaning as in the [1976 No. 4.] Endowments and Glebe Measure 1976".

Section 77.

SCHEDULE 16 Compensation where Permission for Additional Development Granted after Acquisition-Scotland

1 After section 30 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 there is inserted--

" Part V Compensation where Permission for Additional Development Granted after Acquisition

31 Compensation where planning decision made after acquisition

(1) Where--

(a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers and, before the end of the period of ten years beginning with the date of completion, a planning decision is made granting permission for the carrying out of additional development of any of the land; and

(b) the principal amount of the compensation which was payable in respect of the compulsory acquisition or, in the case of a sale by agreement, the amount of the purchase price, was less than the amount specified in subsection (2) of this section,

then, subject to the following provisions of this section, the person to whom the compensation or purchase price was payable shall be entitled, on a claim duly made by him, to compensation from the acquiring authority of an amount equal to the difference.

(2) The amount referred to in subsection (1)(b) of this section is the principal amount of the compensation which would have been payable in respect of a compulsory acquisition of the interest by the acquiring authority, in pursuance of a notice to treat served on the relevant date if--

(a) the planning decision mentioned in subsection (1)(a) of this section had been made before that date; and

(b) the permission granted by it had been in force on that date.

(3) No compensation shall be payable by virtue of this section in respect of a planning decision in so far as it relates to land acquired by the acquiring authority, whether compulsorily or by agreement--

(a) under section 142 or 143 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (acquisitions by urban development corporations and by roads authorities in connection with urban development areas);

(b) under the [1968 c. 16.] New Towns (Scotland) Act 1968 (acquisitions by development corporations and by roads authorities in connection with new town areas); or

(c) where the compulsory purchase order included a direction under section 107 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (minimum compensation in case of listed building deliberately left derelict).

(4) If--

(a) in accordance with the preceding provisions of this section the person referred to in subsection (1) of this section would be entitled to compensation under this section; but

(b) before the planning decision in question that person has died, or any other act or event has occurred whereby the right to compensation under this section, if vested in him immediately before that act or event, would thereupon have vested in some other person,

the right to compensation under this section shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that act or event, as the case may be, and the compensation shall be payable to the persons claiming under him accordingly.

(5) Compensation under this section shall carry interest at the rate prescribed under section 40 of this Act from the date of the planning decision in question until payment.

(6) The provisions of Part II of this Act (so far as applicable) shall apply (subject to the following provisions) in relation to the assessment of compensation under this section as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land.

32 Provisions as to claims under section 31

(1) For the purpose of facilitating the making of claims for compensation under section 31 of this Act--

(a) the person entitled to receive the compensation or purchase price in respect of such an acquisition or sale as is mentioned in section 31(1)(a) of this Act; or

(b) any person claiming under him as being a person who, if compensation under that section became payable, would be entitled to it by virtue of subsection (4) of that section,

may give to the acquiring authority an address for service under this section.

(2) Where, at any time--

(a) after a person has given an acquiring authority an address for service under this section; and

(b) before the end of the period mentioned in paragraph (a) of section 31(1) of this Act,

such a planning decision is made as is mentioned in that paragraph, the acquiring authority shall, subject to subsection (3) of this section, give notice of the decision in the prescribed form to that person at that address.

(3) If--

(a) an address for service has been given by such a person as is mentioned in subsection (1)(b) of this section; and

(b) the acquiring authority have reasonable grounds for believing that the person mentioned in subsection (1)(a) of this section is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act,

the acquiring authority need not give a notice to the person mentioned in subsection (1)(a).

(4) A claim for compensation under section 31 of this Act in respect of a planning decision shall not have effect if made more than six months after the following date, that is to say--

(a) if the claim is made by a person who has not given the acquiring authority an address for service under this section, the date of the decision;

(b) if the claim is made by a person who has given the acquiring authority such an address, the date on which notice of the decision is given to him in accordance with subsection (2) of this section;

but, where there is an appeal against the planning decision, the reference in paragraph (a) of this subsection to the date of the planning decision shall be read as a reference to the date of the decision on the appeal.

(5) The references in subsection (4) of this section to an appeal against a planning decision include an appeal made by virtue of section 34 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(6) Where--

(a) a person has given to an acquiring authority an address for service under this section; and

(b) that authority, before the end of the period mentioned in section 31(1)(a) of this Act, cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to the dominium utile, or a tenancy, of that land or that part of it, as the case may be,

they shall notify the planning authority; and after that it shall be the duty of the planning authority to give notice to the acquiring authority of any planning decision of which the acquiring authority are required to give notice under subsection (2) of this section.

(7) Notice under subsection (6) of this section of a planning decision--

(a) in the case of a decision made by the planning authority, shall be given within seven days after the making of the decision; and

(b) in any other case, shall be given within seven days after the making of the decision has been notified to the planning authority.

33 Extension to planning permission where no planning decision made

(1) The provisions of sections 31 and 32(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.

Permission granted by a development order	When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme	When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone	When the designation takes effect
Permission deemed to be granted by a direction under section 37 of the Town and Country Planning (Scotland) Act 1972	When the direction is given
Permission deemed to be granted by a planning authority	The occurrence of the event in consequence of which the permission is deemed to be granted

(2) Where the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if--

(a) before the date shown in column 2, a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and

(b) the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,

it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.

(3) An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if--

(a) an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and

(b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act.

(4) A claim for compensation under section 31 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say--

(a) if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given;

(b) in any other case, the date shown in column 2.

34 Extension to Crown development

(1) Where--

(a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and before the end of the period of ten years beginning with the date of completion there is initiated any additional development of any of the land which was comprised in the acquisition or sale; and

(b) by reason of any such circumstances as are mentioned in subsection (2) of this section the development in question is development for which planning permission is not required,

the provisions of sections 31 and 32(1) of this Act shall apply as if a planning decision granting permission for that development had been made at the time when the additional development is so initiated.

(2) The circumstances referred to in subsection (1) of this section are either or both of the following--

(a) that the development is initiated by or on behalf of the Crown;

(b) that there is a Crown interest in the land and the development is initiated in right of that interest.

(3) Where--

(a) the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to the initiation of any development; and

(b) before the development is initiated a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority,

it shall, subject to subsections (4) and (5) of this section, be the duty of the acquiring authority to give notice in the prescribed form of the initiation of the development to the person mentioned in paragraph (b) of this subsection at the address given by him to the authority.

(4) Where--

(a) by virtue of subsection (3) of this section, it is the duty of a government department to give notice of development initiated by or on behalf of that department; and

(b) the Minister in charge of the department certifies that for reasons of national security it is necessary that the nature of the development should not be disclosed, except to the extent specified in the certificate,

the department shall give notice of development, but shall not be required to give any particulars of the nature of the development except to the extent specified in the certificate.

(5) An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if--

(a) an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and

(b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act.

(6) A claim for compensation under section 31 of this Act in respect of the initiation of any development shall not have effect if made more than six months after the following date, that is to say--

(a) if the claim is made by a person to whom notice has been given under subsection (3) of this section, the date on which the notice was given;

(b) in any other case, the time the development is initiated.

(7) In this section "Crown interest" means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department.

35 Application of Part V to certain cases

The preceding provisions of this Part of this Act shall have effect subject to the provisions of the Third Schedule to this Act.

36 Regulations for purposes of Part V

(1) The Secretary of State may by statutory instrument make regulations for prescribing the form of any notice required by this Part of this Act to be given in the prescribed form.

(2) Any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

37 Interpretation of Part IV

(1) In this Part of this Act--

"additional development", in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say--

(a) where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it;

(b) where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest;

(d) in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 22 to 24 of this Act) for the purpose of assessing compensation that planning permission would be granted; and

(e) in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed;

"date of completion", in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority;
"local authority" means a regional, islands or district council;
"prescribed" means prescribed by regulations under this Part of this Act;
"the relevant date", in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected.

(2) In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development--

(a) either unconditionally or subject to conditions; and

(b) either in respect of that land taken by itself or in respect of an area including that land. "

2 After Schedule 2 to that Act there is inserted--

" Third Schedule Application of Part V to Certain Cases

Disturbance, severance and injurious affection

1 Subject to paragraph 2 of this Schedule, any reference in section 31 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.

2 If the person entitled to the compensation under section 31 of this Act--

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