Guidance for S17 applications and S18 appeals

Purpose of the certificate procedure and special
features
- The certificate procedure in Part III of the 1961 Act has
only one purpose-to provide valuers and (ultimately) the Lands Tribunal
with guidance on the development value, if any, of land that is being
acquired by an authority with compulsory purchase powers. For this reason,
the considerations for the decision maker differ in a number of ways
from those relevant to ordinary planning applications and planning appeals.
The main points are-
- Applications and appeals must be decided against the background
of a hypothetical "no scheme world". This means that the
decision maker may not be able to rely on the development plan and
other planning policies to settle the matter. He may have to disregard
some policies.
- The decision maker must not appraise applications or appeals against
the planning considerations that are relevant at the date of his decision.
Instead he must consider the situation as it stood at the date when
the acquisition process began.
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