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Lords Amendment: In page 15, line 30, at the end insert:
(6) Where an appeal to the Minister under the last preceding Sub-section is dismissed on the ground only that the land to which the appeal relates, though otherwise suitable for immediate development, ought to be reserved by the scheme for a public open space, and the Minister is satisfied that, if the appeal had been,allowed, the development for which permission was sought would have taken place within a reasonable period, the appellant, if he is entitled to dispose of the fee simple of the land with vacant possession, may, by notice in writing given to the authority within six months
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from the date of the Minister's decision, require the authority to purchase the land at a price to be agreed, or in default of agreement to be determined in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the authority shall purchase the land accordingly.
(7) Where expenditure is necessarily incurred on buildings or works in order to comply with a condition confirmed or imposed by the Minister on an appeal to him under this Section, and the condition was confirmed or imposed in anticipation of the reservation of land for a public purpose or the execution of works under the scheme, then if the scheme as proposed to be approved by the Minister does not contain a provision for such reservation or execution of works, and. the Minister, on representations made to him, is satisfied that the expenditure which has been so incurred is wholly or partly abortive on that account,
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the scheme shall provide that the person by whom the expenditure was incurred shall be entitled, if he makes a claim in that behalf within twelve months from the date on which the scheme comes into operation, to recover as compensation from the responsible authority so much of that expenditure as is abortive,
§ Mr. SPEAKERThis Amendment raises a question of Privilege, the first Paragraph because it compels purchase in certain cases; the second Paragraph because it extends the right of compensation.
Sir H YOUNGI beg to move, "That this House doth agree with the Lords in the said Amendment."
I propose that this House should be prepared to waive its Privilege in respect of this Amendment. These paragraphs are among the Amendments of substance to which I referred in my preliminary review. The first is the paragraph which deals with the undertaking given in Committee that, where land which is ripe for immediate development and which it is the intention immediately to develop, is reserved, under planning powers, as an open space, the owner of the land shall be entitled to call upon the planning authority to purchase the fee simple of the land. The Amendment makes very little difference. It only makes a neater job of the position that this House has already considered on the Report stage. The other Amendment, Paragraph 7, deals with another matter which has been dealt with on the Report stage, and that is to entitle the owner of premises to compensation, when he is required to incur certain expenditure, in respect of which conditions are provisionally inserted in the scheme on its first appearance and which conditions are subsequently altered because they interfere with the scheme. The House came to the conclusion that he had a hard deal, because he had been called upon to incur expense which was subsequently wasted. This matter has now been put right.
§ Mr. CAPORNWill the Minister kindly explain why Sub-section (6) is limited to the case of the appellant who is entitled to the disposal of the fee simple, and whether the owner of a 99-year lease would be entitled to that, under Sub-section (6) as it now stands?
Sir H. YOUNGIf the owner has something lees than the fee simple, I think 1058 it is clear that he would not be entitled to call upon the planning authority to compensate him. He is only entitled to call for compensation if he possesses a full title which will give him an equitable claim to the full compensation.
§ Mr. CAPORNWhat would happen to the owner of a 99-year lease?
Sir H. YOUNGAs I have said, if he has something less than the fee simple, he has not a claim for compensation.
§ Mr. SPEAKERThe Amendment must have special mention in the Journals of the House.