SCHEDULES

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day of October, nineteen hundred and fifty-eight, regard shall be had to that order in the form in which, whether as originally made or as subsequently varied, it was in force on that day, and any variation becoming operative after that day shall be disregarded;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.

SECOND SCHEDULEE+W . . . F9

[F10THIRD SCHEDULEE+W Application of Part IV to Certain Cases

Disturbance, severance and injurious affectionE+W

F111E+WSubject to paragraph 2 of this Schedule, any reference in section 23 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection.

F122E+WIf the person entitled to the compensation under section 23 of this Act—

(a)was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but

(b)is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land;

any reference in section 23 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part.

Increase in value of contiguous or adjacent landE+W

F133E+WIn determining for the purposes of section 23 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where—

(a)the compensation or the purchase price was or would have been reduced (whether by virtue of section 7 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but

(b)at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land,

the amount specified in section 23(2) and the principal amount or purchase price mentioned in section 23(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land.

Mortgaged landE+W

F144E+WSubject to the provisions of this Schedule relating to settled land, where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a mortgage, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the mortgage, was entitled to that interest, and not as a reference to the mortgagee.

F155E+WFor the purposes of the application of section 23 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a mortgage.

F166E+WNo compensation shall be payable by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a mortgagee (as distinct from an interest subject to a mortgage).

Settled landE+W

F177(1)Where, in a case falling within section 23(1) of this Act, the interest in land which was acquired or sold was subject to a settlement, and accordingly the compensation or purchase price was payable to the trustees of that settlement, any reference (however expressed) in section 23 or section 24 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the settlement.E+W

(2)Where sub-paragraph (1) of this paragraph applies, section 23(4) of this Act shall not apply.

(3)Any compensation paid to the trustees of the settlement by virtue of section 23 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the sale of the interest acquired or sold.

(4)In this paragraph “settlement” means a settlement within the meaning of the M5Settled Land Act 1925, or a trust for sale within the meaning of the M6Law of Property Act 1925.

InterpretationE+W

F188E+WReferences in this Schedule to sections 23 and 24 of this Act include references to those sections as applied by section 25 or 26 of this Act, and references to the time of any planning decision shall be construed accordingly.]

Section 40.

FOURTH SCHEDULEE+W ENACTMENTS AMENDED

The Town and Country Planning Act, 1944, and that Act as applied by the New Towns Act, 1946E+W

1—5E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

6, 7.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

The Lands Tribunal Act, 1949E+W

8E+WIn subsection (6) of section one, for the words “an authority to whom the Acquisition of Land Act applies” there shall be substituted the words “any person”.

9, 10.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

FIFTH SCHEDULE F22E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .