Legislation – Planning and Infrastructure Act 2025

“(1A)

In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to payment of whichever is the lower of the following amounts—

(a)

2.5% of the value of the interest;

(b)

£25,000.”;

(b)

in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”.

(3)

In section 33B (occupier’s loss payment: agricultural land)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

(1B)

But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.”;

(b)

in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;

(c)

in subsection (3), for “this section” substitute “subsection (2)”;

(d)

after subsection (7), insert—

“(7A)

In the case of land in England, the land amount is the greater of £900 and the amount found in accordance with the following Table—

Area of the land

Amount per hectare

Not exceeding 100 hectares

£300 per hectare or part of a hectare

Exceeding 100 hectares

(a)
£300 per hectare for the first 100 hectares;

(b)
£150 per hectare for the next 300 hectares or part of a hectare.”;

Area of the land	Amount per hectare
Not exceeding 100 hectares	£300 per hectare or part of a hectare
Exceeding 100 hectares	(a) £300 per hectare for the first 100 hectares; (b) £150 per hectare for the next 300 hectares or part of a hectare.”;

(e)

in subsection (8), at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (8), insert—

“(8A)

In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross floor space of any buildings on the land.”;

(g)

in subsection (9), at the beginning insert “In the case of land in Wales”.

(4)

In section 33C (occupier’s loss payment: other land)—

(a)

after subsection (1) insert—

“(1A)

In a case where the qualifying interest is in land in England, a person to whom this section applies is entitled to a payment of whichever is the greatest of the following amounts—

(a)

7.5% of the value of the interest;

(b)

the land amount;

(c)

the buildings amount.

(1B)

But the maximum amount which may be paid to a person under subsection (1A) in respect of an interest in land is £75,000.”;

(b)

in subsection (2), at the beginning insert “In a case where the qualifying interest is in land in Wales,”;

(c)

in subsection (3), for “this section” substitute “subsection (2)”;

(d)

after subsection (7), insert—

“(7A)

In the case of land in England, the land amount is the greater of—

(a)

£7,500;

(b)

£7.50 per square metre (or part of a square metre) of the area of the land.

(7B)

But if only part of land in which a person has an interest is acquired, for the figure specified in subsection (7A)(a) there is substituted £900.”;

(e)

in subsection (8), at the beginning insert “In the case of land in Wales,”;

(f)

after subsection (9), insert—

“(9A)

In the case of land in England, the buildings amount is £75 per square metre (or part of a square metre) of the gross internal floor space of any buildings on the land.”;

(g)

in subsection (10)—

(i)

at the beginning insert “In the case of land in Wales,”;

(ii)

after “gross” insert “internal”;

(h)

omit subsection (11).

(5)

The amendments made by subsections (2) to (4) do not apply in relation to a compulsory acquisition where any notice of the compulsory acquisition was given before this section came into force.

(6)

For the purposes of subsection (5), notice of a compulsory acquisition is given—

(a)

in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order to which the Acquisition of Land Act 1981 applies—

(i)

on the date of publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, that Act, in accordance with that Act, or

(ii)

on the date of service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;

(b)

in the case of a compulsory acquisition which is to be authorised by any other order, on the date of publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;

(c)

in the case of a compulsory acquisition which is deemed to be authorised following service of a notice by the owner requiring the purchase of their interest, on the date on which that notice is served;

(d)

in the case of a compulsory acquisition which is to be authorised by a special enactment, on the date of publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.

(7)

In this section, “special enactment” means—

(a)

a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or

(b)

a provision which—

(i)

is contained in an Act other than a local or private Act, and

(ii)

authorises the compulsory acquisition of land specifically identified in that Act.