HC Deb 08 August 1919 vol 119 cc842-4

(1) If the Commissioners are unable to acquire by agreement and on reasonable terms any land which they consider it necessary to acquire for the purpose of this Act, they may apply to the Development Commissioners for an Order empowering them to acquire the land compulsorily in accordance with the provisions of the Schedule to this Act, and the Development Commissioners, after giving the owner of such land an opportunity of being heard against such compulsory purchase, shall have power to make such Order.

(2) No land shall be authorised by an Order under this Section to be acquired compulsory which, at the date of the Order, forms part of any park, desmesne, garden, or pleasure ground, or form part of the home farm attached to and usually occupied with a mansion house, or is otherwise required for the amenity or convenience of any dwelling-house, or which at that date is the property of any local authority, or ha been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking, or is the site of an ancient monument or other object of archæo logical interest.

Lieut.-Colonel MURRAY

I beg to move, to leave out Sub-section (1),

Sir A. BOSCAWEN

The only object that my hon. Friend has in view is, I understand, to ascertain how the Acquisition of Land Bill is affected by this. In all cases where there is compulsory acquisition the terms of the Acquisition of Land Bill will apply.

Amendment, by leave, withdrawn.

Lieut.-Colonel MURRAY

I beg to move, in Sub-section (2), to leave out the words, "or is otherwise required for the amenity or convenience of any dwelling-house."

Who is going to judge what is meant by this proposal? It may extend to thousands of acres round the Mansion House.

Sir A. BOSCAWEN

This provision is in the Small Holdings Act of 1908, and in the Land Settlement Facilities Bill of this Session, and in other Acts.

Mr. ACLAND

I had to advise about the drafting of this Bill, and this provision is lifted bodily out of other legislation. Although a good many Amendments were moved in another place, the answer invariably was that the code embodied in this Clause had worked satisfactorily in the past.

Amendment negatived.

Major COURTHOPF.

I beg to move, at the end, to add (4) Where the Commissioners are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway, or waterway, they may make an Order that the owners of any land shall afford the necessary facilities, subject to payment by the person in whose favour the Order is made of reasonable rent or way leave and of compensation for any damage caused by such haulage, and the owner of such land shall thereupon afford such facilities; and the amount of rent or way leave and compensation shall, in default of agreement, be assessed by a single arbitrator appointed, by the President of the Surveyors' Institution. Provided that the Commissioners shall not make any Order under this Sub-section until the person proposed to be required to give such facilities as aforesaid has had an opportunity of being heard, and any person aggrieved by an Order made under this Sub-section may appeal there from to the Development Commissioners in such manner and upon such conditions, if any, as may be prescribed by them, and the Development Commissioners may thereupon revoke or vary any such Order. This is moved for the reason that in frequent cases the extraction of timber is abnormally costly owing to the fact that the owner of adjoining land will not allow passage across that land. This is one suggestion of the English Forestry Association to enable the Forestry Commissioners, when they think fit, to make an Order that the owner of the land shall give facilities to cross the land, subject to payment, not only of full compensation for all damage done, but also a reasonable rent or way leave.

6.0 P.M.

Sir A. BOSCAWEN

I think this is a very reasonable proposition, and may be very useful in many cases. I am willing, therefore, to accept it, but I propose that, after the word "owner," the words "and. occupier" should be added.

Major COURTHOPE

I will, therefore, ask leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

Amendment made: At the end, insert (4) Where the Commissioners are of opinion that insufficient facilities exist for the haulage of timber from any wood or forest to a road, railway, or waterway, they may make an Order that the owner and occupier of any land shall afford the necessary facilities, subject to payment by the person in whose favour the Order is made of reasonable rent or wayleave and of compensation for any damage caused by such haulage, and the owner of such land shall thereupon afford such facilities; and the amount of rent or wayleave and compensation shall, in default of agreement, be assessed by a single arbitrator appointed by the President of the Surveyors' Institution. Provided that the Commissioners shall not make any Order under this Sub-section until the person proposed to be required to give such facilities as aforesaid has had an opportunity of being heard, and any person aggrieved by an Order made under this Sub-section may appeal there from to the Development Commissioners in such manner and upon such conditions, if any, as may be prescribed by them, and the Development Commissioners may thereupon revoke or vary any such Order."[Major Courthope.]

Clause, as amended, ordered to stand part of the Bill.