Town and Country Planning Act 1954

57 Recovery, on subsequent development, of payments under s. 59 of principal Act

(1) Where a payment under section fifty-nine of the principal Act (other than a payment not exceeding twenty pounds) has become payable in respect of an interest in land, or becomes so payable after the commencement of this Act, the Central Land Board shall cause notice of the payment, specifying the amount of the payment and the land to which it relates, to be deposited with the council of the county borough or county district in which the land is situated and, if that council is not the local planning authority, with the local planning authority:

Provided that—

(a) the preceding provisions of this subsection shall not apply to any amount which is recoverable under subsection (7) of section fifty-two of this Act or which would be so recoverable but for the provisions of paragraph (a) of the proviso to that subsection;

(b) if a development charge was determined to be payable in respect of the land to which the payment related or relates (in this proviso referred to as " the payment area "), or in respect of land which included the payment area, the preceding provisions of this subsection shall not apply to that payment; and

(c) if a development charge was determined to be payable in respect of part of the payment area, or in respect of land which included part (but not the whole) of that area, the preceding provisions of this subsection shall apply as if separate payments of so much of the amount aforesaid as is respectively attributable thereto had been payable in respect of that part of the payment area and the remainder of that area.

(2) Notices deposited under this section shall be registered in the register of local land charges, in such manner as may be prescribed by rules made for the purposes of this section under subsection (6) of section fifteen of the Land Charges Act, 1925, by the proper officer of the council of the county borough or county district.

(3) Section twenty-nine of this Act, except subsection (9) thereof, shall have effect in relation to notices registered under this section as it has effect in relation to notices registered under section twenty-eight of this Act :

Provided that—

(a) the said section twenty-nine shall apply for the purposes of this section with the substitution for references, to the compensation specified in a notice of references to the payment so specified, and as if that section applied to every description of new development; and

(b) no amount shall be recoverable by the Minister under the said section twenty-nine as applied by this subsection in relation to any land in relation to which an amount has become recoverable by the Central Land Board under subsection (7) of section fifty-two of this Act.

(4) For the purposes of this Part of this Act a payment under section fifty-nine of the principal Act shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under the said section fifty-nine, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it as between different parts of that land.

(5) References in this section to the amount of a payment under section fifty-nine of the principal Act shall be construed as including any interest payable thereon under subsection (3) of section sixty-five of that Act.