HC Deb 16 November 1944 vol 404 cc2186-9

Lords Amendment: In page 27, line 5, at end, insert: on the assumption that the land in question will be made available to him on such terms and subject to such conditions as may be agreed between the authority and him, or, in the event of their disagreeing, on such terms and subject to such conditions as would be applicable under the last preceding Section on the authority being required thereunder to offer to dispose of it to him.

1.52 p.m.

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment." The situation with which this Amendment deals is one in which the Minister has to consider under Sub-section (3) of Clause 18, whether a person other than the local planning authority is able and willing to carry out certain development for the carrying out of which on land belonging to it the authority is given the Minister's consent. The points he will have to consider will be the terms on which the land is likely to be made available to him and the purpose of the provision as amended is to state what the assumption is taken to be. When it is examined and analysed the assumption is that the price at which land will be taken will be the full market price. We think that this is right and we ask the House to agree to this Amendment.

Question put, and agreed to.

Lords Amendment: In page 27, line 11 at end, insert: (4) Where a local planning authority propose to carry out any operation which they would have, power to carry out by virtue only of Sub-section (1) of this Section, they shall notify the Minister of their proposal, and the Minister may direct such advertisement by the authority as appears to him to be requisite for the purposes of the two last preceding Sub-sections.

1.54 p.m.

Mr. H. Strauss

I beg to move, "That this House doth agree with the Lords in the said Amendment."

When this matter was before the House some time ago we promised to consider the desirability of providing for advertisement of the fact that a local authority proposed to apply, under this Clause, for permission to carry out development. This has been found to be necessary in some cases, and this Amendment enables the Minister to direct such advertisement in cases where it is required.

Question put, and agreed to.

Subsequent Lords Amendment to page 27, line 15, agreed to.

Lords Amendment: In line 22, at end, insert: (7) A local planning authority may, with the consent of the Minister, enter into arrangements with an authorised association, as defined in Section thirty-five of the Town and Country Planning Act, 1932, for the carrying out by the association of any operation which, apart from the arrangements, the local planning authority would have power under this Section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements: Provided that nothing in this Sub-section shall he construed as authorising such an association to carry out any operation which they would not have power to carry out apart from this Sub-section.

1.55 p.m.

The Solicitor-General

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The question was raised in another place of the transfer of the powers of the local planning authority to an authorised association, and the direct payment of grants to an association. This Amendment, we hope, avoids difficulties by leaving the responsibility for the exercise of the powers, under the Bill, with the local planning authority, and gives that authority power to make arrangements for actual development to be carried out by an authorised association. I think it will be the general view that that is a more suitable way of dealing with the problem of using an association.

1.56 p.m.

Mr. Woodburn

While I do not want to object to this Amendment which has been carried in another place, it does raise a difficulty for the Ministry if there is a recalcitrant authority which is not prepared properly to exercise their powers. I would like to know whether the Government have power to compel such an authority to exercise their powers, if it is found that they are backward in this respect? For instance, the Ministry might want eventually to set up a housing association in order to carry out, on a grander scale, the building of houses, and under the Statute it would appear to me that the Government would be deprived of authority to hand over to such an association any powers to take action under this Clause, and that the local authority might have power to obstruct in such a case. I would like to be assured on that point.

1.57 p.m.

Mr. H. Strauss

I am not quite certain whether I have fully grasped the hon. Member's point, but I think he will find that it is met by the fact that what this authorises is agreement between the local authority, whose rights and duties are defined under this Bill and other enactments, and an authorised association, as defined. The terms of that agreement can provide, I think, for all the matters that the hon. Member has in view and, of course, these terms are subject to the scrutiny of the Minister, who will not give his consent unless he is satisfied that all proper provision has been made to secure that no ill-effects will result from entry into such an agreement.

Question put, and agreed to. [Special Entry.]