s 270FB The relevant interest
(1) For the purposes of Chapter 4 (the relevant interest in the building or structure) as it applies to expenditure incurred on the construction of a road, a highway concession is not to be treated as an interest in the road. (2) But if the person who incurred the expenditure on the construction of the road— (a) was not entitled to an interest in the road when the person incurred the expenditure, but (b) was at that time entitled to a highway concession in respect of the road, the highway concession is to be treated as the relevant interest in relation to that expenditure.