(1)This section shall have effect where—
(a)an application is made for listed building consent for the alteration or extension of a listed building;
(b)the works do not constitute development or they do so but the development is such that planning permission for it is granted by a development order; and
(c)the Secretary of State, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.
(2)If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted or, as the case may be, had been granted unconditionally, the local planning authority shall pay that person compensation of an amount equal to the difference.
(3)In determining for the purposes of subsection (2) whether or to what extent the value of an interest in land is less than it would have been if listed building consent had been granted, or had been granted unconditionally—
(a)it shall be assumed that any subsequent application for listed building consent for the alteration or extension in question would be determined in the same way; but
(b)in the case of a refusal of listed building consent, regard shall be had to any undertaking given by the Secretary of State on that refusal to grant such consent for some other works to the building if an application were made for it.
(4)No compensation shall be payable under this section in respect of an interest in land in respect of which a notice is served under section 32 of this Act or under section 137 of the principal Act (circumstances in which purchase notices may be served) by virtue of subsection (1)(a) or (b) of that section, being a notice which takes effect.
(5)The local planning authority need not pay compensation under this section in respect of a building in respect of which a building preservation notice is in force unless and until the building is included in a list compiled or approved by the Secretary of State under section 1, but a claim for such compensation may be made before the building is so included.
(1)This section shall have effect where listed building consent is revoked or modified by an order under section 23 (other than an order which takes effect by virtue of section 25).
(2)If on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the building—
(a)has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or
(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
the authority shall pay that person compensation in respect of that expenditure, loss or damage.
(3)Subject to subsection (4), no compensation shall be paid under this section in respect of—
(a)any works carried out before the grant of the listed building consent which is revoked or modified; or
(b)any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.
(4)For the purposes of this section, expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory to any works, shall be taken to be included in the expenditure incurred in carrying out those works.
(1)This section applies where a building preservation notice ceases to have effect without the building having been included in a list compiled or approved by the Secretary of State under section 1.
(2)Any person who at the time when the notice was served had an interest in the building shall, on making a claim to the authority within the prescribed time and in the prescribed manner, be entitled to be paid compensation by the local planning authority in respect of any loss or damage directly attributable to the effect of the notice.
(3)The loss or damage in respect of which compensation is payable under subsection (2) shall include a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect to it.
(1)Subject to subsection (2)—
(a)claims under section 27 shall be made to and paid by the local planning authority to whom the application for listed building consent was made;
(b)claims under section 28 shall be made to and paid by the local planning authority who made the order in question or, where it was made by the Secretary of State under section 26, the local planning authority who are treated as having made it under that section;
(c)claims under section 29 shall be made to and paid by the local planning authority who served the building preservation notice,
and references in those sections to a local planning authority shall be construed accordingly.
(2)The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under section 27, 28 or 29 in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.
(3)This section does not apply in Greater London.
(1)For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(2)This section applies to any compensation which is payable under sections 27 to 29 in respect of depreciation of the value of an interest in land.
(3)Where an interest in land is subject to a mortgage—
(a)any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;
(b)a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
(c)no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(d)any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
(4)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under sections 27 to 29 shall be referred to and determined by the Lands Tribunal.
(5)In relation to the determination of any such question, the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.