Part XI Making up of Private Streets
The advance payments code.
220 Determination of liability for, and amount of, payments.
(1)
In a case to which section 219 above applies the street works authority shall, within 6 weeks from the F1granting of any required application for building control approval relating to the erection of a building in Wales or, in the case to which subsection F2... F3(2A) below applies, F4the granting of such an application by the F5... F3Welsh council, serve a notice on the person by or on whose behalf the F6application for building control approval was made requiring the payment or the securing under section 219 above of a sum specified in the notice.
F7...
F8(1A)
In a case in England to which section 219 applies the street works authority shall, within 6 weeks from their granting of any required application for building control approval relating to the erection of a building or, in a case to which subsection (2) applies, the granting of such an application by the district council or the building safety regulator, serve a notice on the person by or on whose behalf the application for building control approval was made requiring the payment or the securing under section 219 of a sum specified in the notice.
F9(2)
In any case in England to which section 219 may be applicable—
(a)
where (outside Greater London) the advance payments code is in force in the whole or any part of a non-metropolitan district, the district council shall within one week from the date of granting the application for building control approval relating to the erection of a building in England in an area in which that code is in force inform the street works authority that the application has been granted; and
(b)
where the building safety regulator has granted an application for building control approval relating to the erection of a building in England in an area in which the advance payments code is in force, the regulator shall within one week from the date of granting the application inform the street works authority that the application has been granted.
F10(2A)
Where a Welsh council grants an application for building control approval that relates to the erection of a building in Wales in an area in which the advance payments code is in force, but which is treated as being within the area of a street works authority other than that Welsh council, the Welsh council must, in any case to which section 219 may be applicable, within one week from the date of granting the application inform the street works authority that the application has been granted.
(3)
Subject to the provisions of this section, the sum to be specified in a notice under F11subsection (1) or (1A) above is such sum as, in the opinion of the street works authority, would be recoverable under the private street works code in respect of the frontage of the proposed building on the private street if the authority were then to carry out such street works in the street as they would require under that code before declaring the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense.
In this subsection a reference to a street does not include a reference to a part of a street, except to a part which the street works authority think fit to treat as constituting a separate street for the purposes of this subsection and which comprises the whole of the part on which the frontage of the building will be.
(4)
If, at any time after the service of a notice under F12subsection (1) or (1A) above, the street works authority—
(a)
are of opinion that the sum specified in the notice exceeds such sum as in their opinion would be recoverable as mentioned in subsection (3) above if they were then to carry out such street works as are so mentioned, or
(b)
are of opinion that no sum would be so recoverable,
they may, by a further notice, served on the person who is for the time being owner of the land on which the building is to be, or has been, erected, substitute a smaller sum for the sum specified in the notice served under subsection (1) above or, as the case may be, intimate that no sum falls to be paid or secured.
This subsection does not apply where a sum has been paid or secured in compliance with a notice served under subsection (1) above and the case is one in which the authority have power to make a refund or release under section 221(1) below.
(5)
Where, under a local Act, the erection of buildings on land having a frontage on a new street is prohibited until works for the constrution or sewering of the street have been carried out in accordance with byelaws, the amount of the sum to be specified in a notice served under this section shall be calculated as if those works had been carried out.
(6)
Where a notice is served on any person under this section (other than a notice intimating that no sum falls to be paid or secured) that person or, if he is a different person, the owner of the land on which the building is to be, or has been, erected, may, not later than one month from the date of the service of the notice, appeal to the Minister and the Minister may subsitute a smaller sum for the sum specified by the street works authority.
On an appeal under this subsection, the Minister shall give the appellant an opportunity of being heard before a person appointed by the Minister.
(7)
Where a sum has been paid or secured in compliance with a notice served under F13subsection (1) or (1A) above and a notice is subsequently served under subsection (4) above substituting a smaller sum for the sum specified in the first-mentioned notice or intimating that no sum falls to be paid or secured, the street works authority—
(a)
if the sum was paid, shall refund the amount of the excess or, as the case may be, the whole sum to the person who is for the time being owner of the land on which the building is to be, or has been, erected;
(b)
if the sum was secured and the person whose property is security for the payment of it is for the time being owner of that land, shall release the security to the extent of the excess or, as the case may be, the whole security;
(c)
if the sum was secured and the person whose property is security for the payment of it is not for the time being owner of that land, shall pay to that owner an amount equal to the excess or, as the case may be, the whole sum, and are entitled to realise the security for the purpose of recovering the amount so paid.
(8)
Where land in respect of which a sum has been paid or secured in compliance with a notice under F14subsection (1) or (1A) above is subsequently divided into 2 or more parts so that 2 or more owners would, if street works were carried out, incur liability in respect of it, the sum is to be treated as apportioned between those owners according to their respective frontages and, if the sum was secured and the security is the property of one only of those owners, the street works authority—
(a)
are required under subsection (7)(b) above to release the security only to the extent of the amount apportioned to that owner, and
(b)
are entitled to realise the security for the purpose of recovering the amount or amounts paid to the other owner or owners under subsection (7)(c) above.
(9)
Where a security is realised for the purpose of recovering an amount paid by a street works authority under subsection (7)(c) above, and the sum produced by realising the security exceeds the amount so paid, the amount of the excess shall be held by the authority and dealt with under the advance payments code as if it had been an amount paid under section 219 above on the date on which the security was realised.