# Private Streets (Northern Ireland) Order 1980, Article 25: Determination of amount of sum to be paid or secured under Article 24(1)

Extent: N.I.

(1) Where, in accordance with building regulations, plans for a proposed building to which Article 24(1) applies have been deposited with a district council, the council shall notify the Department of the passing of the plans.
(2) Where—
(a) a district council notifies the Department under paragraph (1), and
(b) planning permission for the erection of the proposed building has been granted under the Planning Act,
the Department shall serve a notice on the person by whom or on whose behalf the plans have been deposited specifying the sum to be paid or secured under Article 24(1).
(3) Where works for the erection of the proposed building have not been commenced within one year from the date of service of a notice under paragraph (2) or under this paragraph, the Department may serve a notice or, as the case may be, a further notice specifying a revised sum to be paid or secured under Article 24(1).
(4) Subject to paragraph (5), the sum to be specified in a notice served under paragraph (2) or (3) shall be such sum as, in the opinion of the Department, would be recoverable by it under this Order if the Department were then to carry out under Article 13 all street works which are reasonably necessary for the completion, to the standard required for its adoption as a public road, of—
(a) the whole of the part of the street on which the frontage of the proposed building would be; and
(b) that street or any other street in order that the said part may be joined to a public road or to a road which is likely to become a public road within a reasonable time;
but where, in respect of any part of those street works, a sum or security previously paid or given under Article 24(1) is held by the Department or an undertaking has been given under Article 24(2) or an agreement has been entered into under Article 32, no sum shall be specified in respect of that part.
(5) Where in the opinion of the Department it would be inequitable, in a notice served under paragraph (2) or (3), to specify a sum in respect of the whole area permitted by paragraph (4), the Department may specify a sum in respect of such lesser area as it may consider equitable.
(6) Subject to paragraph (7), if, at any time after the service of a notice under paragraph (2) or (3), the Department considers that the sum specified in the notice exceeds such sum as in its opinion would be recoverable as mentioned in paragraph (4) if the Department were then to carry out such street works as are so mentioned, or that no sum would be so recoverable, it may, by a further notice, substitute a smaller sum for the sum specified in the notice served under paragraph (2) or (3) or, as the case may be, intimate that no sum falls to be paid or secured.
(7) Paragraph (6) shall not apply where the sum specified in a notice served under paragraph (2) or (3) has been paid or secured and the case is one in which the Department has power to make a refund or release under Article 28.
(8) Where the sum specified in a notice served under paragraph (2) or (3) has been paid or secured and a notice is subsequently served under paragraph (6) substituting a smaller sum for the sum so specified or intimating that no sum falls to be paid or secured, the Department shall deal with the excess or, as the case may be, the whole sum in accordance with Article 30.
(9) The Department shall, in any notice served under this Article, other than a notice intimating that no sum falls to be paid or secured, inform the person to whom it is addressed of the right of appeal under Article 26 and of the time within which such an appeal may be made.

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Source: https://www.legislation.gov.uk/nisi/1980/1086/article/25 (the official version)
Page: https://openlegislation.uk/private-streets-northern-ireland-order-1980/article-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.