HC Deb 25 October 1916 vol 86 cc1156-7

(1) Any street, building, or work which has been formed, erected, or constructed otherwise than in accordance with the provisions of any general or local Acts relating to streets or buildings, and with any by-laws or regulations made there under on any land to which Section one of this Act applies, or which has been acquired under Section three thereof, shall, unless the authority by whom such provisions, by-laws, or regulations are enforced consent to the continuance thereof, either be so altered as to comply with such provisions, by-laws, or regulations, or be discontinued or removed within such reasonable time after such land or building has ceased to be occupied by a Government Department as such authority may order, and the owner (as denned by such Acts, by-laws, or regulations) shall have power to enter upon and carry out any works without the consent of any other person, and if he fails to comply with such order he shall be liable on summary conviction to a penalty not exceeding twenty pounds for every day during which such noncompliance continues, and such authority as aforesaid may remove any such building or work and recover the expense incurred in such removal from the owner in a summary manner as a civil debt.

(2) If any person feels aggrieved by the neglect or refusal of such authority to give its consent, or by the conditions on which such consent is given, or as to the time within which such discontinuance or removal is ordered, he may appeal to the Local Government Board whose decision shall be final. Provided that the Board may before considering any such appeal require the appellant to deposit such sum not exceeding five pounds to cover the costs of appeal as may be fixed by rules to be made by them.

Clause brought up, and read the first time.

Mr. PERCY HARRIS (Paddington, S.)

I beg to move "That the Clause be read a second time."

I moved an Amendment with similar effect in Committee. The Government accepted it in principle on the condition that words should be inserted giving the right of appeal to the Local Government Board, in the event of the local authority refusing a necessary infringement of the by-laws. I accordingly withdrew the Amendment, which has now been redrafted, and which I hope will be accepted in its present form. The Clause gives the right of appeal to the Local Government Board, so that if necessary any local authority can be set right. The object of the Clause is not to secure any rigid, or pedantic, or unreasonable enforcement of any by-laws. It is only intended to safeguard the localities against the possibility of unhealthy housing conditions, which might arise if measures which were avowedly war emergency measures were perpetuated for an indefinite period. That is the general object of the Clause.


My hon. Friend having accepted certain Amendments, I propose to accept the Clause.

Clause read a second time, and added to the Bill.