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Clause 46—(Right To Compensation In Respect Of Past Planning Deci Sions)

Volume 530: debated on Tuesday 13 July 1954

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I beg to move, in page 49, to leave out lines 4 to 13, and to insert:

"or order as is mentioned in the last preceding section if he is entitled to an interest in any qualified land and the value of that interest or, in the case of an interest extending to other land, the value of that interest in so far as it subsisted in that qualified land, was depreciated by the decision or order:
Provided that compensation shall not be payable under this Part of this Act in respect of an order under section twenty-one of the principal Act so far as it relates to any particular land if—
  • (a) compensation in respect of that order is or was payable by the local planning authority under section twenty-two of that Act; and
  • (b) by virtue of paragraph (b) of the proviso to subsection (1) of the said section twenty-two (which relates to development exempt from development charge by virtue of Part VIII of that Act) the compensation includes or included compensation in respect of loss or damage consisting of the depreciation in value of an interest in that land."
  • This Amendment, and the other Amendments down to Clause 46, have this effect: they widen the Clause so as to deal with past revocation or modification orders at present dealt with separately in Clause 49. The proviso in this Amendment replaces subsection (2) of that Clause. The other changes are merely drafting, and I think that this is really just a better arrangement.

    I am quite prepared to agree with the general substance of what the Minister said, but it seems to me that he should give us an explanation of paragraph (b). It seems to me that the Clause would be better if the paragraph were omitted, for I cannot see its purpose or its meaning. If the Minister will explain this, we shall be prepared to accept this and the subsequent Amendments.

    The proviso in lines 6 to 15 contains the substance of subsection (2) of Clause 49 which we are amalgamating with this Clause. I do not think there is any other point of substance in the Amendment.

    Amendment agreed to.

    Further Amendments made: In page 49, line 16, after "decision," insert "or order."

    In page 49, line 17, leave out "Part II," and insert:
    "sections twenty-five and twenty-six."—[Mr. H. Macmillan.]

    I beg to move, in page 49, line 21, after second "Act," insert:

    (b) as if the reference in subsection (1) of the said section twenty-six to section twenty-nine of this Act were a reference to section fifty thereof.
    Under Clause 26 (1), the assessment of depreciation takes account of any permission or undertaking given by the Minister when reviewing the original decision under Clause 29. The Amendment substitutes a reference to Clause 50, which contains the review provisions applicable to Part V of the Bill.

    Amendment agreed to.

    Further Amendments made: In line 24, at beginning, insert:

    "For the purposes of the application of this Part of this Act with respect to such a planning decision as aforesaid."

    In line 26, leave out from "shall," to end of line 27, and insert:

    "have effect as they have effect for the purposes of Part II of this Act."—[Mr. H. Macmillan.]