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Planning and Infrastructure Act 2025

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110Adjustment of basic and occupier’s loss paymentsE+W

(1)Part 3 of theLand Compensation Act 1973 (provisions for benefit of persons displaced from land) is amended as set out insubsections (2) to(4).

(2)Insection 33A (basic loss payment)—

(a)aftersubsection (1) insert—

(1A)In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—

(a)2.5% of the value of the interest;

(b)£25,000.;

(b)insubsection (2), at the beginning insert“In a case where the qualifying interest is in land in Wales,”.

(3)Insection 33B (occupier’s loss payment: agricultural land)—

(a)aftersubsection (1) insert—

(1A)In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

(a)7.5% of the value of the interest;

(b)the land amount;

(c)the buildings amount.

(1B)But the maximum amount which may be paid to a person undersubsection (1A) in respect of an interest in land is £75,000.;

(b)insubsection (2), at the beginning insert“In a case where the qualifying interest is in land in Wales,”;

(c)insubsection (3), for “this section” substitute“subsection (2)”;

(d)aftersubsection (7), insert—

(7A)In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table—

Area of the landAmount per hectare
Not exceeding 100 hectares£300 per hectare or part of a hectare
Exceeding 100 hectares
(a)

£300 per hectare for the first 100 hectares;

(b)

£150 per hectare for the next 300 hectares or part of a hectare.;

(e)insubsection (8), at the beginning insert“In the case of land in Wales,”;

(f)aftersubsection (8), insert—

(8A)In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.;

(g)insubsection (9), at the beginning insert“In the case of land in Wales”.

(4)Insection 33C (occupier’s loss payment: other land)—

(a)aftersubsection (1) insert—

(1A)In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

(a)7.5% of the value of the interest;

(b)the land amount;

(c)the buildings amount.

(1B)But the maximum amount which may be paid to a person undersubsection (1A) in respect of an interest in land is £75,000.;

(b)insubsection (2), at the beginning insert“In a case where the qualifying interest is in land in Wales,”;

(c)insubsection (3), for “this section” substitute“subsection (2)”;

(d)aftersubsection (7), insert—

(7A)In the case of land in England, the land amount is the greater of—

(a)£7,500;

(b)£7.50 per square metre (or part of a square metre) of the area of the land.

(7B)But if only part of land in which a person has an interest is acquired, for the figure specified insubsection (7A)(a) there is substituted £900.;

(e)insubsection (8), at the beginning insert“In the case of land in Wales,”;

(f)aftersubsection (9), insert—

(9A)In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.;

(g)insubsection (10)

(i)at the beginning insert“In the case of land in Wales,”;

(ii)after “gross” insert“internal”;

(h)omitsubsection (11).

(5)The amendments made bysubsections (2) to(4) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given beforethis section came into force.

(6)For the purposes ofsubsection (5), notice of a compulsory acquisition is given—

(a)in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance withthat Act, or

(ii)on the date of service of the notice required by section 12 of, or (as the case may be)paragraph 3 ofSchedule 1 to,that Act, in accordance withthat Act;

(b)in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance withthat Act;

(c)in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;

(d)in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(7)Inthis section, “special enactment” means—

(a)a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)a provision which—

(i)is contained in an Act other than a local or private Act, and

(ii)authorises the compulsory acquisition of land specifically identified in that Act.

Commencement Information

I1S. 110 in force at 18.2.2026, sees. 118(5)(e)

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