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Jurisdiction
Compensation references

References relating to land compensation:

How references arise

Under the Land Compensation Act 1961, where any land is authorised to be acquired compulsorily, disputes regarding the level of compensation are to be determined by the Lands Tribunal. A range of public and private Acts authorise the compulsory acquisition of land. Provisions governing the assessment of compensation where land is acquired compulsorily are to be found principally in the Land Compensation Acts 1961 and 1973, the Compulsory Purchase Act 1965 and the Planning and Compensation Act 1991. The Land Compensation Act 1973 gives a right to compensation where land that is not acquired is depreciated by physical factors caused by the use of public works (for instance noise from a road or airport) and any disputes about compensation is to be referred to the Tribunal. Other disputes which by statute are to be referred to the Tribunal include any relating to coal mining subsidence under the Coal Mining Subsidence Act 1991, coast protection works under the Coast Protection Act 1949, reservoirs under the Reservoirs Act 1975 and land drainage works under the Water Resources Act 1991.

Notice of reference

Proceedings in the Tribunal are started by one of the parties completing and sending to the Registrar a notice of reference on Form R identifying the land and the statutory provision under which the reference is made. The person filing the notice of reference must attach to it, if the matter concerns compensation for the compulsory acquisition of land, copies of the notice to treat and notice of entry (if these have been served) and any claim that has been made; and, in any other case, a copy of the order or other document on the basis of which the proceedings are brought. A fee of £50 payable to the “Tribunals Service” must be paid on filing the reference. Other fees are payable during the course of proceedings. A copy of the notice of reference will be sent to every other party to the proceedings.

Statement of case and reply

The claimant will normally be required to file with the Tribunal and serve upon the acquiring or compensating authority a statement of case setting out the full details of their claim. The authority will then file and serve a reply to the claimant’s statement of case.

Further information on the next steps, alternative procedures and the rules that apply is provided in the flowchart for references, the Lands Tribunal Rules, the Interim Practice Directions and Guidance and the Explanatory Leaflet.