61Contribution payable where illegal development carried out

61 Contribution payable where illegal development carried out

61 Contribution payable where illegal development carried out

(1) Where a person has commenced to carry out development on any declared land and:

(a) the carrying out of that development was prohibited by any planning scheme or interim development order, or

(b) the carrying out of the development was permissible only with the consent of the responsible authority under any planning scheme or with the consent of any person whose consent to the carrying out of the development is required under any interim development order, and that consent was not obtained before the carrying out of the development was commenced or was so obtained but was revoked as referred to in subsection (3) of section 16,

contribution shall be assessed:

(c) where the development was commenced to be carried out before the final date referred to in subsection (2) of section 10 and applicable to the land—as if that person had disposed of the land on the date on which the development was so commenced for a consideration of an amount of money equal to the value of the land as at that lastmentioned date, and

(d) where the development was commenced to be carried out on or after that final date and the land had not become liable for contribution after that final date under subsection (2) of section 7—as if a development consent to the carrying out of the development had been granted to that person on the date on which the carrying out of the development was commenced.

(2) Where:

(a) a person is liable to be assessed for contribution under this section, and

(b) an application for a determination to be made under this subsection is made to the Authority by the person who would but for this subsection be liable to pay the contribution,

the Authority may:

(c) if it is satisfied that the development commenced to be carried out by that person was or is of such a nature and was or is being carried out in such circumstances or affected or affects such a small portion of the land on which it was or is being carried out that it would not be reasonable to require payment of the contribution in full or in part, determine that no part of that contribution or that only such part of that contribution as it considers reasonable shall be payable, or

(d) if it is not so satisfied, determine that the whole of that contribution shall be payable.