Paragraph 4 Development not to be carried out until compensation paid or securedI1

England and Wales Not yet in force

(1)

A person must not carry out development to which this paragraph applies on land in respect of which a compensation notice has been registered until any amount that is recoverable in respect of the compensation specified in the notice by virtue of paragraph 5 has been paid or secured to the satisfaction of the Welsh Ministers in accordance with paragraph 6.

(2)

This paragraph applies to—

(a)

development that—

(i)

is of a residential, commercial or industrial character, and

(ii)

consists wholly or mainly of the construction of houses, flats, shop or office premises or industrial buildings (including warehouses), or any combination of them;

(b)

development that consists of mining operations;

(c)

development to which, having regard to the probable value of the development, the Welsh Ministers consider it reasonable that this paragraph should apply.

(3)

This paragraph does not apply to development by virtue of sub-paragraph (2)(c) if, on an application made to them, the Welsh Ministers have certified that, having regard to the probable value of the development, they do not consider it reasonable that this paragraph should apply.

(4)

Where the compensation specified in the compensation notice became payable in consequence of—

(a)

a grant of planning permission subject to conditions, or

(b)

an order under section 102 modifying planning permission,

this paragraph does not apply to development in accordance with those conditions or in accordance with the modified permission.

Annotations

Commencement

I1: Sch. 10 para. 4 not in force at Royal Assent, see s. 409(2)