HL Deb 01 July 1991 vol 530 cc803-5

40 Clause 13, page 23, line 42, at end insert: '(1A) Provision shall be made by a development order for the purpose of securing that, in the case of any application for planning permission, any person (other than the applicant) who on such date as may be prescribed by the order is an owner of the land to which the application relates, or a tenant of any agricultural holding any part of which is comprised in that land, is given notice of the application in such manner as may be required by the order.'.

41Page 24, line 22, leave out from 'section' to end of line 23 and insert: agricultural holding" has the same meaning as in the Agricultural Holdings Act 1986; and owner" in relation to any land means any person who—

  1. (a) is the estate owner in respect of the fee simple;
  2. (b) is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired; or
  3. (c) in the case of such applications as may be prescribed by a development order, is entitled to an interest in any mineral so prescribed,
and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.'.

Viscount Astor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 40 and 41. I shall speak also to Amendments Nos. 92, 93 and 96.

The purpose of this group of amendments is to retain in primary legislation a requirement that owners of land and tenants of agricultural holdings should be notified of applications for planning permission affecting their land. Amendment No. 41 defines "agricultural holding" and "owner" for this purpose. Amendment No. 96 makes parallel provision for Scotland.

Clause 13 originally sought to remove to secondary legislation the notification requirement. However, the Government recognise the paramount importance to owners of land, and to agricultural tenants, of being aware of development proposals submitted by other parties and have been persuaded that the fundamental principle of owner notification should be enshrined in primary legislation.

The Government recognise the implications for agricultural tenants of planning permission granted for non-agricultural use. Those implications were highlighted at earlier stages of the Bill in particular by my noble friend Lord Stanley of Alderley. It is clearly important, given the prospect of an incontestable notice to quit, that agricultural tenants should be aware of any relevant planning application. My officials have consulted the National Farmers' Union and the Tenant Farmers' Association about the practicability for applicants of satisfying a requirement to notify agricultural tenants. Their comments have been taken into account in formulating Amendment No. 40 which fulfils the Government's commitment to provide a notification requirement in primary legislation, but which leaves the procedural details to be dealt with in secondary legislation. Amendments Nos. 92 and 93 for Scotland make essential drafting changes to ensure the proper operation of the new Section 24 of the 1972 Act, as introduced by Clause 38.

My department and the Welsh Office will undertake public consultation about those procedural details shortly. The consultation paper will also invite views on the best way of ensuring that all planning applications in England and Wales receive some publicity—a step to which the Government are now committed, as my noble friend Lady Blatch announced to your Lordships on 9th May.

Moved, That the House do agree with the Commons in their Amendments Nos. 40 and 41—(Viscount Astor.)

Lord Brougham and Vaux

My Lords, as I said, my noble friend Lord Stanley of Alderley is unable to be here today. He has asked me warmly to welcome the Government's agreement to continue the right of notification in primary legislation. He said that all owners and tenants will now be able to sleep in peace. He wants me to thank my noble friends for all the work that they have done. They had said that it could be achieved by secondary legislation, but my noble friend made the point that that could be altered on a ministerial whim. He is grateful for what the Government have done.

Lord Norrie

My Lords, I wish to refer to the welcome promise that the Government made in another place about publicity in respect of planning applications generally. The amendment proposes that agricultural tenants are to be notified when a planning application is made affecting their holding. During earlier consideration of the Bill, I advanced similar arguments in respect of neighbourhood notification with what must have seemed to my noble friend Lord Astor to be monotonous regularity. It is with some regret that I notice we still have no legislative provision for that matter. Nevertheless, during debates in another place, Ministers recognised the need to examine the extent to which publicity is given to all planning applications and have promised to bring forward proposals to improve and standardise the treatment given to planning applications. That will be of great benefit to third parties, whether neighbours or not. and I welcome it. I look forward to seeing the Government's further thoughts on that matter in the near future.

On Question, Motion agreed to.