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PART VICompensation for Planning Decisions Restricting New Development

Subsequent recovery of compensation

115Amount recovered not to be deducted from unexpended balance

(1)Where an amount has become recoverable under section one hundred and thirteen of this Act in respect of the compensation specified in a compensation notice, the following provisions of this section shall have effect for the purpose of determining any question as to the unexpended balance of established development value of any land at any subsequent time.

(2)Except where, and to the extent that, payment of that amount has been remitted under the last preceding section, so much (if any) of that compensation as is attributable to that land shall, for the purpose mentioned in the preceding subsection, be treated as not having become payable, and accordingly (notwithstanding anything in section ninety-four of this Act) shall not be deducted from that balance.