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Clause 47—(General Provisions As To Amount Of Compensation For Past Planning Decisions)

Volume 530: debated on Tuesday 13 July 1954

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Amendment made: In page 49, line 28, leave out "section," and insert "sub-section."—[ Mr. H. Macmillan.]

I beg to move, in page 49, line 30, to leave out from the first "of," to the end of line 13, on page 51, and to insert:

"the depreciation of the value of an interest in qualified land by a planning decision or order, the principal amount of the compensation shall be whichever is the less of the following amounts, that is to say—
  • (a) the amount by which the value of the interest, or, in the case of an interest extending to other land, the amount by which the value of the interest in so far as it subsisted in the qualified land, was depreciated by the decision or order; or
  • (b) the value of the relevant holding at the commencement of this Act or, if at the time of the decision or order the qualified land in which the interest subsisted constituted part only of the area of the relevant holding, the fraction of the said value which attached to that qualified land.
  • (2) If at the time of the planning decision or order the whole of the land to which the planning decision or order related in which the interest subsisted was not qualified land, then, for the purposes of paragraph (a) of the preceding subsection, the depreciation of the value of the interest by reason of the decision or order shall first be ascertained with reference to the whole of the land aforesaid and shall then be apportioned between the parts of that land which respectively were and were not qualified land according to the nature of those parts and the effect of the planning decision or order in relation thereto."
    Clause 47, as proposed to be amended, will replace Clauses 47 and 48. Clause 49 has already been amalgamated with Clause 46. The words which it is proposed to insert are on similar lines to those already adopted in Part II of the Bill. Since payments under Part V are made only to a holder of a claim holding, no question of competing interests arises, and the present Clause is therefore considerably shorter than the amended Clause 21.

    Amendment agreed to.