Town and Country Planning Act 1990

20 (1) Subject to this paragraph, the Secretary of State shall, on application being made to him by any person, and may if he thinks fit without any such application, issue a certificate in the prescribed form with respect to any land stating whether any of that land had an original unexpended balance of established development value, and, if so—

(a) giving a general statement of what was taken by the Central Land Board, for the purposes of Part Vl of the 1947 Act, to be the state of that land on 1st July 1948; and

(b) specifying (subject to any outstanding claims under Part I or Part V of the 1954 Act) the amount of that original balance.

(2) Any such certificate issued with respect to any land may, if the Secretary of State thinks fit, contain additional information with respect to acts or events in consequence of which, in accordance with any of the provisions of section 119 and paragraphs 1 to 4, 12 to 14, 16 and 18, an amount is required to be deducted from the original unexpended balance of established development value of any of that land.

(3) Where, at any time on or after lst January 1955 (whether before or after the commencement of this Act), a notice to treat has been served with a view to the compulsory acquisition of an interest in land by an authority possessing compulsory purchase powers, that authority may apply to the Secretary of State for, and shall be entitled to the issue of, a certificate showing the unexpended balance of established development value (if any) of any of that land immediately before the service of that notice.

(4) Where the issue of a certificate under this paragraph with respect to any land involves a new apportionment, or, in the case of a certificate under sub-paragraph (3), involves the calculation of a deduction from the original unexpended balance of established development value by virtue of paragraph 14, then—

(a) except in the case of a certificate under sub-paragraph (3), or of a certificate which the Secretary of State proposes to issue without any application being made for it, the certificate shall not be issued otherwise than on the application of a person who is for the time being entitled to an interest in that land;

(b) before issuing the certificate, the Secretary of State shall give notice in writing to any person entitled to an interest in land appearing to him to be an interest which will be substantially affected by the apportionment or calculation, giving particulars of the proposed apportionment or calculation, and stating that objections or other representations with respect to it may be made to the Secretary of State within the period of 30 days from the date of the notice; and

(c) the certificate shall not be issued before the end of that period, and if within that period an objection to the proposed apportionment or calculation has been made by any person to whom notice has been given under paragraph (b), or by any other person who establishes that he is entitled to an interest in land which is substantially affected by the apportionment or calculation, and that objection has not been withdrawn, sub-paragraph (5) shall have effect.

(5) Where by virtue of sub-paragraph (4)(c) this sub-paragraph is to have effect, then—

(a) if within a further period of 30 days the person by whom any such objection was made requires the dispute to be referred to the Lands Tribunal, the dispute shall be so referred, and the certificate shall not be issued until either the Tribunal has decided the matter or the reference to the Tribunal has been withdrawn;

(b) the certificate may be issued before the end of the said further period if every such objection has been withdrawn;

(c) the certificate shall be issued at the end of that further period, notwithstanding that every such objection has not been withdrawn, if no requirement has within that period been made under paragraph (a).

(6) Where, on a reference to the Lands Tribunal under this paragraph, it is shown that a new apportionment relates partly to the same matters as a previous apportionment, and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the new appointment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

(7) A certificate under sub-paragraph (3) shall be conclusive evidence of the unexpended balance shown in it; and a certificate under sub-paragraph (1) shall be sufficient proof of any facts stated in it unless the contrary is shown.

(8) An application for a certificate under this paragraph shall be made in such form and manner as may be prescribed, and shall be accompanied by sufficient particulars (including a map if necessary) to enable the land to be identified, and, where a new apportionment will be involved, particulars of the nature of the applicant’s interest, and such information as to the nature of any other interest in the land, and as to the name and address of the person entitled to that other interest, as may be known to the applicant.

(9) On any application under sub-paragraph (1) the applicant shall pay in the prescribed manner a fee of 25 pence, and, if the application involves a new apportionment, the certificate shall not be issued until the applicant has paid in the prescribed manner a further fee of 75 pence.

(10) In this paragraph “new apportionment” means an apportionment which relates wholly or partly to any matter to which no previous apportionment related.