HC Deb 24 May 1939 vol 347 cc2436-7

(1) Subject to the provisions of this Section, the local authority may enter on any land, after giving not less than 28 days' notice in writing to the occupier and every person having the fee simple or a lease of the land or any part thereof, and there construct—

  1. (a) an underground air-raid shelter or other underground premises required by the authority for use in the event of hostile attack in carrying out any of their civil defence functions;
  2. (b) entrances to, and shafts and other necessary works for ventilating, draining, lighting and heating the shelter or premises.

(2) Where the local authority propose to construct the underground shelter, or premises in any protected square or in any allotment, common or open space, the following provisions shall apply:

  1. (a) the authority shall, in addition to giving any notice required by the preceding Sub-section, publish by advertisement in a newspaper circulating in the area of the authority a notice describing the nature of their proposals and specifying the land to which they relate, and naming the place where plans illustrative of their proposals may be inspected at all reasonable hours by any person free of charge;
  2. (b) if, within 28 days after the publication of the notice, any notice of objection to the proposals is served on the local authority by any person affected thereby, the authority shall refer the notice of objection to the Minister for his consideration and shall not proceed with the proposals unless the Minister, after holding, if he thinks fit, an inquiry, has approved them either with or without modification.

(3) The local authority may, in the exercise of their powers under this Section, construct a shelter or other premises under any highway: Provided that, in the case of a highway for the maintenance of which a highway authority is responsible, the local authority shall not exercise those powers without the consent of the highway authority (if it is a different authority) and shall not be required to serve any notices on persons having an estate or interest in the subsoil of the highway.

(4) Any shelter or premises constructed by the local authority under this Section, together with the entrances to the shelter or premises and any shafts or other works executed in connection with the shelter or premises, shall, on completion, vest in the authority.

(5) The local authority shall pay to any person having an estate or interest in any land in which works are constructed under this Section such compensation, if any, in respect of any damage thereby caused to him as may be just.

(6) The powers conferred on local authorities by this Section shall not be exercisable with respect to any land occupied by public utility undertakings for the purposes of their undertaking.

(7) In this Section the expression "protected square" has the meaning assigned to it by Section two of the London Squares Preservation Act, 1931, and the expressions "allotment," "common," and "open space," have the same meanings as in Part II of the Third Schedule to the Town and Country Planning Act, 1932.—[Sir J. Anderson.]

Brought up, and read the First time.

Sir J. Anderson

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

It has been agreed that this Clause and the following Clause should be formally incorporated in the Bill.

Question put, and agreed to.

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