Section 204 — Housing and Planning Act 2016: Compensation for overridden easements etc

Compensation for overridden easements etc 204 1 A person is liable to pay compensation for any interference with a relevant right or interest or breach of a restriction that is authorised by section 203 (1)(a) or (b)(i) or (4)(a) or (b)(i) . 1A But a person is not liable to pay compensation under this section for breaching an obligation under a conservation covenant.

2 The compensation is to be calculated on the same basis as compensation payable under sections 7 and 10 of the Compulsory Purchase Act 1965.

3 Where a person other than a specified or qualifying authority is liable to pay compensation under this section but has not paid—

a the liability is enforceable against the authority, but b the authority may recover from that person any amount it pays out.

4 The authority against which a liability is enforceable by virtue of subsection (3)(a) is—

a where the land to which the compensation relates was vested in or acquired by a company through which the Greater London Authority exercises or has exercised functions in relation to housing or regeneration, the Greater London Authority, b where the land was vested in or acquired by a company through which Transport for London exercises or has exercised any of its functions, Transport for London, or c in all other cases, the specified or qualifying authority in which the land was vested, or by which the land was acquired or appropriated.

5 Any dispute about compensation payable under this section may be referred to and determined by the Upper Tribunal.