HC Deb 16 February 1911 vol 21 cc1228-9
Mr. NEWDEGATE

asked the Prime Minister whether representations have been made to the Government that the Local Government Board are not a suitable court of appeal from the decision of local authorities under the Housing and Town Planning Act, 1909; and, if so, whether he will cause a Bill to be introduced to amend the Act by substituting a judicial tribunal for the Local Government Board as the appeal court?

Mr. BURNS

My right hon. Friend has asked me to reply to this question. Representations to the above effect have been received by the Local Government Board from fifteen local authorities in all out of over 1,800 in England and Wales, and also from Messrs. Rubinstein, Nash, and Company, Solicitors. Since the Act came into operation there have been fifty-two appeals to the Board, and in all eleven inquiries have been necessary. It is significant that none of the local authorities making the representations have had any experience of the Board's inquiries into appeals under the Act. I may mention that of the appeals to the Board, twenty-six were withdrawn, or for some other reason did not proceed. In seven cases the appeal was allowed. In eight other cases the appeal was dismissed. The question of making the Local Government Board the Court of Appeal in these cases was very fully discussed on many occasions when the Bill for the Act of 1909 was before Parliament, and there does not seem to be any good reason for altering the Act as suggested. The latest figures available—those to 31st March, 1910—show a material increase in the activity of local authorities in regard to closing orders, and I have every reason to think that this very salutary increase of activity will be shown to have been maintained when the figures to March, 1911, are available.

Mr. CHARLES BATHURST

Is it the invariable custom of the Department to charge costs against an unoffending landowner, even in cases in which the order against him has been quashed after inquiry by the Local Government Board?

Mr. BURNS

That depends upon many circumstances, the reasonableness or otherwise of the costs incurred.

Mr. C. BATHURST

Is not it the fact that in every case that has occurred so far where the order was quashed the owner has had to pay the costs?

Mr. BURNS

Not in every case. In the particular case which I presume my hon. Friend has in his mind there were exceptional reasons to justify the wise decision of the Local Government Board.