The Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951

6.—(1) No expenses incurred in the execution of any street works in the street shall be recoverable against agricultural land or buildings until the land or buildings cease to be agricultural land or buildings.

(2) No expenses incurred in the execution in the street of street works for the purpose of making a new street shall be recoverable in respect of any land (whether the site of a building or not) unless and until access is provided for and used by persons or vehicles from that land to the new street.

(3) No expenses incurred in the execution in the street of street works for the purpose of widening an existing road which at the time of the making of the relevant order under sub-section (2) of Section 48 of the Act was a highway repairable by the inhabitants at large, and apportioned against any land abutting on that road, shall be recoverable unless and until, after the material date as hereinafter defined, a building is erected on the land, other than an agricultural building or a building—

(a) begun before the said date; or

(b) erected in pursuance of a contract made before the said date; or

(c) erected within the site of a building existing at that date and for a purpose ordinarily incidental to the purpose for which that building is used;

and the amount recoverable shall in any case be limited to so much of the apportioned sum as is properly attributable to the land forming the site of the building.

(4) No interest shall be payable on any money in respect of a period during which the money is irrecoverable by virtue of this Regulation.

(5) For the purposes of this Regulation:—

(a) “the material date” means the date on which notice was first published of the submission to the Minister (or of the proposed making by the Minister) of the development plan, or the alterations or additions to a development plan, which contained the relevant definition and designation of land for widening the road under Section 48 of the Act;

(b) “site” in relation to a building includes any land occupied or proposed to be occupied with the building and for the purposes thereof.