Written question asked by Evan Harris (Liberal Democrat) on Wednesday, 4 November 1998, in the House of Commons. It was due for an answer on Monday, 9 November 1998. It was answered by Nick Raynsford (Labour) on Monday, 9 November 1998 on behalf of the Department of the Environment, Transport and the Regions.

Dept of the Environment Transport and the Regions

Question: To ask the Secretary of State for the Environment, Transport and the Regions, what is his Department's policy towards the payment of compensation by a planning authority to private companies when their permitted development rights are blocked by use of an Article 4 direction upheld by his Department. - Includes ref to 107 and 108 of the Town and Country Planning Act 1990.

Answer: Dr. Harris: To ask the Secretary of State for the Environment, Transport and the Regions what is his Department's policy towards the payment of compensation by a planning authority to private companies when their permitted development rights are blocked by use of an Article 4 direction upheld by his Department. [59001] Mr. Raynsford: The withdrawal of permitted development rights by a direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 may give rise to the local planning authority being liable to pay compensation under sections 107 and 108 of the Town and Country Planning Act 1990. Any person interested in the land, or in any minerals in or under the land, may seek compensation for abortive expenditure, or other loss or damage directly attributable to the withdrawal of the permitted development rights. In order to claim compensation a planning application must have been made and permission refused, or granted subject to conditions other than those previously imposed by the Permitted Development Order.

Secondary information