The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011

Apportionment of compensation for depreciation E+W+S

63.—(1) Where the compensation which becomes payable under paragraph 6 of Schedule 3 to the Act includes compensation for depreciation of an amount exceeding £20, the [F1 Secretary of State]—

(a) if it appears to [F2 the Secretary of State] to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates; and

(b) shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the [F3 Secretary of State] to be substantially affected by the apportionment.

(2) In carrying out an apportionment under paragraph (1)(a), the [F1 Secretary of State] shall divide the land into parts and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the [F4 Secretary of State] to be differently affected by the order in consequence of which the compensation is payable.

(3) The claimant and any other person to whom particulars of an apportionment have been given under paragraph (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, may require it to be referred to the Upper Tribunal—

(a) for enabling the claimant and every other person to whom particulars of any such apportionment have been so given to be heard by the Tribunal on any reference under this section of that apportionment; and

(b) for requiring the Tribunal, on any such reference, either to confirm or to vary the apportionment and to notify the parties of the decision of the Tribunal.

(4) Where on a reference to the Upper Tribunal under this regulation it is shown that an apportionment--

(a) relates wholly or partly to the same matters as a previous apportionment, and

(b) is consistent with that previous apportionment in so far as it relates to those matters,

the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(5) On a reference to the Upper Tribunal by virtue of paragraph (4), paragraphs (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the [F1 Secretary of State], of references to the Upper Tribunal.

(6) In this regulation—

• “interest” (where the reference is to an interest in land) means the fee simple or a tenancy of the land and does not include any other interest in it, and

• “relevant order” means the order by which development consent is refused, or is granted subject to requirements other than those previously imposed by the development consent order.

Textual Amendments

F1 Words in reg. 63 substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(26)(a)

F2 Words in reg. 63(1)(a) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(26)(b)(i)

F3 Words in reg. 63(1)(b) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(26)(b)(ii)

F4 Words in reg. 63(2) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 11(26)(c)