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Clause 73—(Compensation For Abortive Expenditure On Refusal Of Permission For Other Development Authorised Before Appointed Day)

Volume 437: debated on Monday 12 May 1947

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6.15 p.m.

The Parliamentary Secretary to the Ministry of Town and Country Planning
(Mr. Fred Marshall)

I beg to move, in page 79, line 15, after "order," to insert:

"or
(b) that the buildings or works in question. were begun or contracted for at a time when no resolution to prepare or adopt such a scheme had taken effect."
This Amendment is the result of an undertaking which my right hon. Friend gave in the Standing Committee. Clause 73, as drafted, provides for compensation for abortive expenditure where permission is refused for development contracted for on the strength of a scheme or interim development permission under existing law. The Amendment really extends the Clause to cover development begun or contracted for at a time when no planning control was in operation. The practical effect will be confined to development begun or contracted for before the Act of 1943 was in operation, in areas where no scheme or resolution was in operation. The Amendment is proposed in response to a request from the Opposition.

Amendment agreed to.

Further Amendment made: In page 79, line 31, leave out "any work carried out," and insert:

"anything done for the purposes of any such buildings or works as are mentioned in paragraph (a) of Subsection (1) of this Section if it was done."—[Mr. F. Marshall.]

I beg to move, in page 80, line 5, at the end, to insert:

"(4) The reference in Subsection (3) of Section thirty-one of this Act to compensation under Part III of this Act shall be construed as including a reference to compensation payable under this Section."
This is a drafting Amendment. Clause 31 (3) (b), provides that the regulations dealing with the delegation of functions to district councils may also transfer to those councils the liability for payment of compensation under Part III of the Bill. The Amendment provides that the regulations may similarly transfer liability for payment of compensation under Clause 73 for abortive expenditure. Under Clause 73 compensation for abortive expenditure is payable by the local planning authority where permission is refused under the Bill for development authorised by an interim development permission granted before 22nd July, 1943, which lapses as a result of the Bill or by an operative scheme.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.