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.
