Mr. W. ADAMSONI beg to move, in page 40, line 26, at the end, to insert the words:
and(iii) The arbiter shall not take into account any building erected, or any improvement or alteration made, or any interest in land created after the date of the publication of the compulsory purchase order if, in the opinion of the arbiter, the erection of the building, or the making of the improvement or alteration, or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.This Amendment has been incorporated from the English Bill and follows the precedent contained in a number of local Acts. It secures that a person is not entitled to include improvements or to create a new interest after the publication of the Order merely for the purpose of increasing the compensation payable by the local authority. On the other hand, if the improvements are carried out in good faith, where they have been arranged before, the arbiter shall take them into account.
§ Amendment agreed to.
1215Mr. W. ADAMSONI beg to move, in page 40, line 32, after the word "health," to insert the words:
other than those to which sub-paragraph (b) hereof applies;(b) the dwelling-houses or other premises, if any, in the clearance or improvement area erected after the passing of this Act which are injurious or dangerous to health by reason only of the narrowness or bad arrangement of the streets.This Amendment is consequential on the Amendment to Clause 12, page 10, line 24. A compulsory purchase order must specify the buildings erected after the passing of the Act which are injurious or dangerous to health by reason of the narrowness or bad arrangement of the streets.
§ Amendment agreed to.
Mr. W. ADAMSONI beg to move, in page 41, line 33, to leave out the word "and."
This Amendment is consequential on the addition of the further proviso to proviso 3 in paragraph 5.
§ Amendment agreed to.
Mr. W. ADAMSONI beg to move, in page 41, line 38, at the end to insert the words:
(iv) before confirming the order the Department shall send to the local authority and to every person who, having given notice to the Department of his objection to the order, appeared at the public local inquiry in support of his objection a copy of the order as proposed to be confirmed with an intimation that any representations in writing with respect thereto may be made to the Department within fourteen days after the date on which a copy has been sent, and before confirming the order the Department shall consider any such representations received.This Amendment is similar to the Amendment to the Schedule on page 39, line 23.
§ Amendment agreed to.