CPO - Basic Loss Payment- S215 Town&Country Planning Act 1990

I have believed that in a confirmed CPO under section 17 the Housing Act 1985, on the Vesting Date  of a General Vesting Declaration, that if there is an outstanding notice under Section 215 of the Town and Country Planning Act t 1990,  (and other legislation?) then basic loss payment,, may not have to be paid.   A valuer engaged to make a valuation on on the vesting date (whenever that is - in the process of making ahe GVD) has stated this in not the case. Can anyone clarify?

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CPOs

Further. The Valuer is of the opinion Basic Loss Payment cannot be witheld for an oustanding s 215 Town and Country Planning Act 1990 in a CPO made under section 17 of The Housing Act 1985. He quotes LCA S33 (d) sub paras 2 and 5. It is my belief that sub paras 1 amd 4 apply in the case of a uncomplied S215. I don't think it matters what legislation is used so long as the property is being, "purchased compulsorily". Any views or guidance?

I can't follow the foregoing. S33D looks pretty explicit and watertight to me as regards S215.:

33DLoss payments: exclusions

(1)This section applies to a person if—

(a)he is a person to whom section 33A, 33B or 33C applies,

(b)a notice falling within subsection (4) has been served on him in relation to the land mentioned in that section,

(c)at the relevant time the notice has effect or is operative, and

(d)he has failed to comply with any requirement of the notice.

(2)This section also applies to a person if—

(a)he is a person to whom section 33A, 33B or 33C applies,

(b)a copy of an order falling within subsection (5) has been served on him in relation to the land mentioned in that section, and

(c)the order has not been quashed on appeal.

(3)No payment may be made under section 33A, 33B or 33C to a person to whom this section applies.

(4)These are the notices—

(a)notice under section 215 of the Town and Country Planning Act 1990 (power to require proper maintenance of land);

(b)notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard);

(c)notice under section 12 of that Act (improvement notice relating to category 2 hazard);

(d)notice under section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (repairs notice prior to compulsory notice of acquisition of listed building).

(5)These are the orders—

(a)an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard);

(b)an order under section 21 of that Act (prohibition order relating to category 2 hazard);

(c)an order under section 43 of that Act (emergency prohibition orders);

(d)an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).]

(6)The relevant time is the time at which the compulsory purchase order in relation to the person’s interest in the land—

(a)is confirmed, in the case of an order falling within section 2(2) of the Acquisition of Land Act 1981 (procedure for authorisation);

(b)is made, in the case of an order falling within section 2(3) of that Act.

(7)The Secretary of State may by regulations amend subsections (4) and (5).

 

https://www.legislation.gov.uk/ukpga/1973/26/section/33D

I agree, but the valuer has said words to the effect , "he does not believe the basic loss payment can be withheld under the section 215 unless an order has been made under the section, 20,21 43 HA 2004. or 265 HA 85, and unfortunately this CPO is made under S17 HA 1985" I think he is mistaken.

He needs to learn how to read legislation.  The difference between the two successive clauses is surely just to distinguish the different terminology between different acts - notices in one case, orders in the other.

How you appeal against a valuer's valuation is a matter for some kind of tribunal I suppose.

I´m challenging the valuer´s comments - the valuation wont be done until the Vesting Date ( to be decided). I hope to meet when I return to work first week in April. I am hopeful we can get clarity. I need to know, if not for this CPO (the S215 may have been complied - but we won´t know  until a full inspection on the vesting date) then certainly for any future CPOs. Despite the government´s talk of changing loss payments nothing has happened to date. LAs are often criticised for not taking CPO action, but a loss payment of up to 75,000.00 pounds will put most LAs off.