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New Clause—(Land Subject To Claims For Betterment Under Other Acts)

Volume 437: debated on Tuesday 13 May 1947

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Where, on the carrying out of any development after the appointed day, any payment falls to he made to a local authority by virtue of the provisions of any Act in force at the passing of this Act, in respect of any works carried out (whether before or after the passing of this Act) by that authority, then—

  • (a) if the amount of any such payment is required to be calculated by reference to any increase in the value of the land in respect of which the payment is made, the amount of that increase shall be calculated as if Part VI of this Act had not been enacted;
  • (b) whether or not the amount of any such payment falls to be calculated as aforesaid, the payment, or the liability therefor, shall be taken into account in determining under the said Part VI whether any and if so what development charge is to be paid in respect of that development.—[Mr. Silkin.]
  • Brought up, and read the First time.

    I beg to move, "That the Clause be read a Second time."

    The object of the Clause is to preserve the power of the authority to obtain betterment accruing to the landowners as the result of the operations of local authorities. Certain local Acts enable sewerage boards, for example, to collect increases in value due to the provision of a sewer. Secondly, the object is to save owners of property from having to pay two development charges. They have to pay betterment to the original local authority and that will be taken into account in assessing the development charge.

    We welcome the new Clause, which takes care of the position of certain local authorities working under the Public Health Act, 1936, or under local Acts, because they would otherwise have been in a difficulty in regard to betterment. I had tabled a new Clause designed to have the same effect, but the point I had in mind is covered by the Clause proposed by the Minister. I have, therefore, the advan- tage of his superior efficiency in drafting. On behalf of one or two authorities who are affected by local Acts, I desire to express gratification that the Clause is being incorporated in the Bill.

    Question put, and agreed to.

    Clause read a Second time, and added to the Bill.