Closes 31 Mar 2025
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We invite consultees’ views as to whether there are any issues in practice with compensation for a compulsory acquisition assessed under rule (2) of section 5 of the Land Compensation Act 1961.
For more information relevant to this question, see paragraphs 7.3 to 7.9 of our consultation paper.
We invite consultees’ views on whether equivalent reinstatement requires further definition in legislation and, if so, how it should be defined.
For more information relevant to this question, see paragraphs 7.21 to 7.23 of our consultation paper.
We provisionally propose that for equivalent reinstatement, there should be no provision for betterment deductions.
Do consultees agree?
For more information relevant to this question, see paragraphs 7.30 to 7.31 of our consultation paper.
We consider that under the existing law, compensation for severance and injurious affection (under section 7 of the Compulsory Purchase Act 1965) is assessed solely by reference to diminution in market value of the retained land. We therefore provisionally propose that this rule is codified in any future consolidated legislation.
For more information relevant to this question, see paragraphs 7.40 to 7.43 of our consultation paper.
We provisionally propose that express provision be made to allow for assessment of severance and injurious affection (under section 7 of the Compulsory Purchase Act 1965) based on a “before and after” valuation, if the parties agree or the Upper Tribunal so determines.
For more information relevant to this question, see paragraphs 7.50 to 7.53 of our consultation paper.
