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Ninth Schedule—(Transitory Provisions And Provisions Consequential On Repeals)

Volume 437: debated on Wednesday 14 May 1947

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: In page 136, line 9. leave out "finally determined," and insert "determined by that authority."

In page 136, line 10, at end, insert "planning."

In page 136, line 11, leave out "under Part III of this Act."

In page 136, line 12, at end, insert:

"2. Where an application for any such permission as aforesaid, made to the interim development authority or the responsible authority before the appointed day, bas been determined by that authority before that day and no appeal has been brought against the decision, then if the period during which such an appeal could have been brought before the appointed day has not expired, the decision of the interim development authority or the responsible authority, as the case may be, shall be treated for the purposes of Section fourteen of this Act as the decision of a local planning authority on an application for planning permission.
3. Any appeal to the Minister from the decision of the interim development authority or the responsible authority on any such application as aforesaid which is pending on the appointed day shall be treated as an appeal to the Minister under Section fourteen of this Act:
Provided that where under Subsection (5) of Section ten of the Act of 1932, any such hearing as is required by that Subsection has been held before the appointed day, the proviso to Subsection (2) of Section thirteen of this Act shall not apply in relation to the appeal."

In page 136, line 17, leave out from "Act," to end of line 21.

In line 22, leave out from "under," to "Section," in line 23.

In line 25, leave out "those provisions respectively," and insert "that Section."

In line 27, leave out "or appeal."

Amendment proposed: In page 136, line 27, at end, insert:

"3. Any application for consent for the development of land made by a local authority before the appointed day under Section thirty-two of the Act of 1944 which has not been finally determined before that day shall de treated for the purposes of this Act as if it were an application for planning permission for the like development made by a local planning authority in pursuance of regulations made under Section thirty-two of this Act." —[Mr. Silkin.]

Motion made, and Question proposed, "That the Amendment be made."

On a point of Order. We are now on the last page of the Amendment Paper. May I ask whether at any time within your recollection, Mr. Speaker, so little of a Bill has been discussed on the Report stage—13 pages out of over 130 pages of the Amendment Paper?

Further to that point of Order. Is it not the case that attention was drawn last night to the fact that Members on the other side were wasting the time on very trivial Amendments?

That was not a point of Order. I was asked a question by the right hon. Gentleman, and I thought I might have had the courtesy of the hon. Member in being allowed an opportunity to reply. As far as I am concerned, that is a question I ought not to answer. I am merely a servant of the House, and whatever my recollection might be, it is not for me to express an opinion one way or the other.

Question, "That the Amendment be made," put, and agreed to.

In page 137, line 39, at end, insert "( a)

In line 43, leave out "finally determined," and insert "determined by that authority."

In line 45, leave out from "for," to end of line 46, and insert:

"planning permission, and shall be treated as having been so made on the appointed day;
(b) that any decision of a highway authority on an application for such a consent under the Restriction of Ribbon Development Act, 1935, shall, unless the applicant has appealed against that decision under Section seven of that Act before the appointed day, be treated for the purposes of Section fourteen of this Act as the decision of a local planning authority on an application for planning permission; and
(c) that any appeal to the Minister of Transport under the said Section seven which is pending on the appointed day shall be treated as an appeal to the Minister under Section fourteen of this Act: Provided that where under the said Section seven any such local inquiry as is required by that Section has been held before the appointed day, the proviso to Subsection (2) of Section thirteen of this Act shall not apply in relation to any such appeal."

In page 138, line 27, leave out from "area," to "and," and insert "of comprehensive development."

In line 28, leave out "as such."

In line 28, at end, insert "by the appropriate local authority."

In line 32, at end, insert:

"Provided that
  • (a) this paragraph shall not apply to any operational land of statutory undertakers unless an order made under paragraph (b) of Subsection (5) of Section thirteen of the Act of 1944 declaring that it is expedient that the land should be subject to compulsory purchase has taken effect before the appointed day;
  • (b) nothing in this paragraph shall be construed as restricting the power of the Minister of Works or the Postmaster-General to acquire any land to which this paragraph applies under Subsection (2) of Section thirty-five of this Act"
  • In line 39, at end, add:

    "and the said Section sixteen of that Act shall, notwithstanding the repeal of that Section, apply in relation to any such order."—[Mr. Silkin.]

    Bill to be read the Third time on Monday next, and to be printed. [Bill 79.]