Land Compensation Act 1961

Sections 6, 7

FIRST SCHEDULEE+W Actual or Prospective Development relevant for purposes of Sections 6 & 7

Part IE+W Description of Development

Part IIE+W Special Provisions as to New Towns

5E+WIn this Part of this Schedule “the transfer date”, in relation to a new town, means the date on which, by virtue of any enactment contained in any Act relating to new towns, whether passed before or after this Act, the development corporation established for the purposes of that new town ceases to act, except for purposes of or incidental to the winding up of its affairs.

6E+WLand shall not be treated as forming part of such an area as is mentioned in paragraph 3 [F5or 3A] of this Schedule if the notice to treat is served on or after the transfer date.

7E+WIn determining whether the relevant land forms part of such an area as is mentioned in the said paragraph 3,—

(a)in the case of an area designated as the site of a new town by an order which became operative on or before the twenty-ninth day of October, nineteen hundred and fifty-eight, regard shall be had to that order in the form in which, whether as originally made or as subsequently varied, it was in force on that day, and any variation becoming operative after that day shall be disregarded;

(b)in the case of an area designated as the site of a new town by an order which became operative after the said twenty-ninth day of October, whether before or after the passing of this Act, regard shall be had to the order in its original form, and any variation of the order shall be disregarded.

8E+WFor the purpose of determining whether any development of which there is a prospect on the date of service of the notice to treat would be such development as is described in the said paragraph 3 [F6or 3A] it is immaterial whether the time when that development will or may take place is a time before, on or after the transfer date.

[F79(1)This paragraph applies where, before the date of service of the notice to treat for the purposes of a compulsory acquisition (the relevant acquisition), the land has been disposed of by an authority or body in circumstances where paragraph 3 or 3A of this Schedule would have applied if (at the time of the disposal) the authority or body had been compulsorily acquiring the land.E+W

(2)In that case, paragraphs 3 and 3A shall not apply for the purposes of the relevant acquisition.]

[F8Part III]E+W Special Provisions as to Urban Development Areas

10E+WFor the avoidance of doubt it is hereby declared—

(a)that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this Schedule the increase or diminution in value to be left out of account by virtue of section 6 of this Act, no increase or diminution in value is to be excluded from being left out of account; and

(b)that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 7 of this Act, no increase in value is to be excluded from being taken into account,

merely because it is attributable—

(i)to any development of land which was carried out before the area was designated as an urban development area;

(ii)to any development or prospect of development of land outside the urban development area;

(iii)to any development or prospect of development of land by an authority other than the acquiring authority, possessing compulsory purchase powers.

11E+WParagraph 10 of this Schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 6 of this Act.