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Part 3Miscellaneous and general

46Application of developer contributions

(1)A relevant planning authority shall secure that any developer contribution it obtains towards the cost of providing the authorised works is paid to the burdened undertaker within 12 months of its receipt.

(2)A developer contribution that is not paid to the burdened undertaker within 12 months of its receipt as required by subsection (1) shall on the expiry of that period be repayable to the person from whom it was obtained.

(3)For the purposes of this section the burdened undertaker is a person or persons to whose account is debited the capital cost of constructing the authorised works, or any debt or other charge or encumbrance in respect of or by way of funding for such cost and who is—

(a)notified from time to time by the authorised undertaker to the relevant planning authority as the burdened undertaker to whom developer contributions should be paid, and if more than one in what proportions; or

(b)in the absence of such notification, the authorised undertaker.