Town and Country Planning Act 1990

Reduction or extinguishment of balance on initiation of new development

14 (1) Where in accordance with paragraph 2 land had an original unexpended balance of established development value, and at any time on or after 1st July 1948 (whether before or after the commencement of this Act) any new development of that land is or was initiated, then (subject to the following provisions of this paragraph) for the purpose of determining whether that land or any part of it has or had an unexpended balance of established development value at any subsequent time—

(a) if the development relates or related only to that land, the value of that development (ascertained, with reference to that subsequent time, in accordance with the provisions of paragraph 15); or

(b) if the development relates or related to that land together with other land, so much of the value of that development (so ascertained) as is or was attributable to that land,

shall be deducted from the original unexpended balance of established development value of that land, and the original unexpended balance of that land or that part of it shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

(2) Sub-paragraph (1) shall not apply to any land if, in respect of any interest in it, a payment has become or becomes payable under section 59 of the 1947 Act (which provided for payments in respect of certain war-damaged land).

(3) For the purposes of sub-paragraph (1) no account shall be taken of any development initiated before lst January 1955, if—

(a) a development charge under Part VII of the 1947 Act was determined to be payable in respect of it, or would have fallen to be so determined but for any exemption conferred by regulations under that Part of that Act, or by any provisions of Part VIII of that Act; or

(b) in a certificate issued under section 58 of the 1954 Act (which related to monopoly value of licensed premises) it was certified that a development charge could have been determined to be payable in respect of that development if the circumstances referred to in sub-paragraph (1)(a) or (b) of that section had not existed.