Section 38

The competent authority must determine whether a development charge is payable in respect of any proposed development of land and, if payable, the amount thereof.

The competent authority may in the first instance estimate the amount of development charge payable in respect of any proposed development of land and issue an interim order requiring the payment of the estimated amount.

The competent authority must serve a copy of the interim order on the person liable for the payment of the development charge in accordance with section 37.

Where an interim order is issued under subsection (2) in respect of any proposed development of land, the competent authority must, within 12 months from the date of the grant of the planning permission or conservation permission for that proposed development, determine the actual amount of development charge payable and make a final order.

If no final order is made at the end of the period allowed under subsection (4), the estimated amount is deemed to be the actual amount of development charge payable in respect of the proposed development and the interim order is deemed to be a final order.

Any additional development charge payable under a final order issued under subsection (4) must be paid within such time as the competent authority may specify in the final order.

Where a final order issued under subsection (4) is for an amount lower than the amount in the interim order relating to the same proposed development, the competent authority must refund the excess without interest to the person who paid the estimated amount under the interim order.