S 17 certificates of appropriate alternative development
Produced in partnership with Gregory Jones QC of Francis Taylor Building
S 17 certificates of appropriate alternative development

The following Planning guidance note Produced in partnership with Gregory Jones QC of Francis Taylor Building provides comprehensive and up to date legal information covering:

  • S 17 certificates of appropriate alternative development
  • Legislative context
  • Power to apply for S 17 Certificate
  • Purpose of S 17 Certificate
  • Circumstances in which a S 17 Certificate might be used
  • Applicant
  • Timing of application
  • Procedure
  • Relevance of S 17 Certificate in assessing compensation
  • Appeals

In order to assist the assessment of compensation in certain circumstances, section 17 of the Land Compensation Act 1961 (LCA 1961) provides that an application can be made in respect of the compensation value of an interest in land which is proposed to be acquired by an authority possessing compulsory purchase powers (a ‘S 17 Certificate’).

Legislative context

Planning assumptions in compulsory acquisition

LCA 1961, Pt II provides that the calculation of compensation for the compulsory purchase of land is founded on the market value basis. The potential development value of a property for these purposes under LCA 1961, s 5(2) may take account of certain planning permissions as well as the prospect of planning permission being obtained:

  1. planning permission (which includes permitted development rights) relating to development of the property or other land, if it is in force on the valuation date. The valuation date is defined by LCA 1961, s 5A and in most cases will be the date of possession

  2. the prospect of the grant of planning permission, on or after the valuation date, subject to the scheme cancellation assumptions (LCA 1961, s 14(2)(b)), and

  3. for appropriate alternative development (see below) it may be assumed that planning permission would be granted and is in force on the valuation date, where it could reasonably be expected to have been granted on

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