HC Deb 16 November 1944 vol 404 cc2191-5

Lords Amendment: In page 34, line 45, at beginning, insert: (1) Any consecrated land, whether or not including any building, which has been acquired or appropriated by a local planning authority for the purposes of this Part of this Act, or which has been acquired by a Minister thereunder, may, subject to the provisions of this Section, be used in any manner, whether or not involving the erection, construction or carry- ing out, or maintenance, of any building or work—

  1. (a) in the case of land acquired by a local planning or highway authority, by that authority or by any other person, if that use conforms with planning control, or
  2. (b) in the case of land acquired by a Minister, by him or on his behalf for any purpose for which he acquired the land,
notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise as respects such land: Provided that the provisions of Sub-section (4) of this Section shall have effect to the exclusion of the provisions of this Sub-section as respects consecrated land being or forming part of a burial ground. (2) Any use of consecrated land authorised by the preceding Sub-section, and the use of any land, not being consecrated land, acquired or appropriated as therein mentioned which at the time of acquisition or appropriation included any church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains and the disposal of monuments or other memorials, and of fixtures and furnishing, and, in the case of consecrated land, subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship, or any part thereof, remains on the land. (3) Any regulations made for the purposes of the last preceding Sub-section—
  1. (a) shall contain such provisions as appear to the Minister to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment other than this Act or by a Measure or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
  2. (b) shall contain requirements relating to the disposal of any such land as is mentioned in the last preceding Sub-section such as appear to the Minister requisite for securing that the provisions of that Sub-section shall be complied with in relation to the use of the land; and
  3. (c) may contain such incidental and consequential provisions (including provisions as to the closing of registers) as appear to the Minister to be expedient for the purposes of the regulations."

2.3 p.m.

Mr. H. Strauss

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

This has been fully considered and agreed with the Bishop of London and the Ecclesiastical Commissioners and its object is to see that Church property, whether consecrated or unconsecrated, is treated in a proper manner. Without this Clause there would be a serious defect under the Bill and it would be very difficult to deal with the land having regard to a great number of other Statutes. As regards consecrated land, the effect of consecration at common law is to set apart the subject matter ad sacros usus for ever, and any such land or building acquired or appropriated or disposed of under the general powers conferred by the Bill would nevertheless remain impressed with the effects of consecration and its user would continue to be limited.

The purpose of Sub-section (1) is to remove this restriction upon the use of consecrated land or buildings acquired or appropriated under the general powers. I do not think I need go into the details of the numerous enactments dealing with this property because the effect of the Clause is to deal satisfactorily with consecrated land. Unconsecrated churches and buildings are not commonly sold. Where they are sold the sale is by voluntary agreement and the owner is able to secure such conditions as to demolition or user as will not be repugnant to the religious feeling or the canon law or customs of the Church concerned. Sub-sections (2) and (3) are intended to secure as nearly as possible the sort of restrictions on the use of churches and buildings used for religious worship acquired or appropriated under the Bill, as in the case of a sale by voluntary agreement must by Statute be imposed or would properly be imposed by the owner. I am afraid this subject is highly technical but it has been very fully considered and I think the Amendment meets an object which the whole House would wish should be met.

Question put, and agreed to.

Subsequent Lords Amendments to page 36, line 27, agreed to.

Lords Amendment: In page 36, line 28, at end, insert new Clause B (Authorisation of use and development of open spaces, etc., acquired for purposes of this Part notwithstanding statutory restrictions). (1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired or appropriated by a local planning or highway authority for the purposes of this Part of this Act, or which has been acquired by a Minister thereunder, may be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work,—

  1. (a) in the case of land acquired or appropriated by a local planning or highway authority, by that authority or by any other person if that use conforms with planning control, or,
  2. (b) in the case of land acquired by a Minister, by him or on his behalf for any purpose for which he acquired the land,
notwithstanding anything in any enactment relating to land of that kind, including any enactment, whether public general or local or private, by which any such land is specially regulated. (2) In this Section—
  1. (a) the expressions "common", "open space" and "fuel or field garden allotment" have the meanings assigned to them respectively by Section thirteen of this Act;
  2. (b) the reference to conformity with planning control shall be construed in accordance with Sub-section (3) of Section twenty of this Act, with the substitution for references therein to anything done as therein mentioned of references to any use of land, whether or not involving the doing of any such thing.
(3) Nothing in this Section shall be construed as authorising any act or omission on the part of a local planning or highway authority, or of any body corporate, in contravention of any limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person that is actionable at the suit of any person on any ground other than contravention of any such enactment as is mentioned in Sub-section (1) of this Section.

2.6 p.m.

Mr. H. Strauss

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

Open spaces are subject to special statutory regulation and doubt has been expressed whether, in the absence of express provision, an open space could be used freely in connection with a plan of redevelopment, even though its acquisition or appropriation by a local planning authority had been expressly authorised under Clause 13. For planning purposes it is essential that land of this kind should be capable of being freely used, notwithstanding subsisting statutory restrictions, once its acquisition or appropriation has been approved. It would be a fantastic position if the whole process of approval of use for a proper purpose for replanning should be defeated because, notwithstanding the appropriation, there were still a legal restriction on the use intended. Such approval cannot be given, of course, having regard to the express terms of Clause 13, without Parliamentary sanction unless it is certified that substituted open space has been provided or is unnecessary. The new Clause removes all doubt that, once the process in Clause 13 has been gone through, there will be no restriction on the use in accordance with the approved plan.

Question put, and agreed to.

Subsequent Lords Amendments to page 41, line 4, agreed to.