Where a sum equal to any compensation is payable or paid to a planning authority in pursuance of subsection (1) above, the planning authority F8shall refund to the person who paid that sum any amount received by the planning authority in respect of the compensation under F9sections 111 and 112 of the said Act of 1990 or F10section 82 of the said Act of 1997 (which relate to the recovery of compensation on subsequent development).

Where a purchase notice is served under F11section 137 of the said Act of 1990 or F12section 88 of the said Act of 1997 in respect of a planning decision which would not have been taken but for F13a need referred to in F25subsection (1)(b)(iii), any local authority who are deemed under F11section 139(3) or 143(1) of the said Act of 1990 or F12section 90(3) or 94(1) of the said Act of 1997 to have served a notice to treat in respect of the interest to which the purchase notice relates may, by notice in writing F14given to the relevant person not later than one month from the time when the amount of compensation payable by the local authority for the interest is agreed or determined, F14require the relevant person to purchase the interest from the local authority for a sum equal to the amount of compensation so agreed or determined.

Where a notice in writing is given to F15the relevant person under subsection (3) above, F15the relevant person shall, subject to any agreement between it and the local authority, be deemed to have contracted with the local authority to purchase the interest at that price.

Any dispute as to whether a planning decision would not have been taken or an order under F16the said section 97 or F17the said section 65 would not have been made but for such a need as is mentioned in subsection (1) above shall be referred to and determined by the Secretary of State.

In the preceding provisions of this section “planning decision” means a decision made on an application under Part III of F18the said Act of 1990 or Part III of F19the said Act of 1997; and references in those provisions to a local planning authority include, in relation to England and Wales, references to any authority to whom functions of a local planning authority are delegated.

Where a sum equal to any compensation is payable or paid to the said Department in pursuance of subsection (7) above, the Department shall pay F22the licence holder any amount received by the Department in respect of the compensation under section 24 of the M2Land Development Values (Compensation) Act (Northern Ireland) 1965 (which relates to the recovery of compensation on subsequent development).

In subsection (7) above, “planning decision” includes a revocation or modification of planning permission under section 3 of the M3Planning (Interim Development) Act (Northern Ireland) 1944.