Skip to main content

Clause 29—(Review Of Planning Decisions Where Compensation Claimed)

Volume 530: debated on Tuesday 13 July 1954

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

I beg to move, in page 34, line 4, after "to," to insert:

"the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to."
The Amendment is part of the general review of these Clauses and is intended to make it clear beyond doubt that local circumstances are a material consideration in deciding whether or not a direction should be given under Clause 29.

It is always a problem, in framing a Bill of this kind, whether to leave the wording strictly at what one is advised it is necessary to say or whether, to make it clear beyond doubt, it is valuable to insert sign-posts for those concerned with the operation of the statute, particularly in a context such as this. The plan and local circumstances are considerations which plainly must enter into the issue in all cases and it is just as well to make it clear to those who have to operate a Bill of this kind that it should be operated in the way that the Amendment lays down.

7.45 p.m.

I am most grateful to my right hon. Friend. The Amendment deals with two points which I raised in Committee and which I think a great improvement in redressing the ill-balance, arising partly out of an Amendment which was accepted without a Division from the other side of the Committee, dealing with the development plan as one of the things to be taken into consideration. Here we have the things which are essentially to be taken into account and the proper weight is given to them as protection to the owner and to ensure that the circumstances of the time are borne in mind and not merely those which arise later.

Amendment agreed to.