CLAUSE 29.—(Statutory undertakers: application for interim development permission.)

HC Deb 06 October 1944 vol 403 cc1337-8

Mr. Silkin

I beg to move, in page 38, line 10, to leave out "in respect of," and to insert: Where the person carrying on a statutory undertaking is injuriously affected by". Perhaps I may deal at the same time with my second Amendment:

In page 38, line 13, to leave out from "recover," to end of line 15, and to insert: from the interim development authority reasonable compensation in respect of such injurious affection in accordance with the provisions of the Town and Country Planning Acts, 1932 and 1943: Provided that no compensation shall be payable in respect of the injurious affection to any land acquired for the purposes of the undertaking after the date of the passing of the Town and Country Planning (Interim Development) Act, 1943.

The Deputy-Chairman

I think that will will be agreeable to the Committee.

Mr. Silkin

On Clause 21 I referred to the method of paying compensation to statutory undertakers, which is dealt with in the Fourth Schedule. Compensation arises under Clause 29 in respect of the refusal of a statutory undertaker to develop land under an interim development application. Local authorities take the view that the compensation which should be paid to a statutory undertaker in these circumstances should be based upon the same principle as that paid to any other applicant, and the Town and Country Planning Act provides specifically for the payment of compensation in respect of the refusal of an applicant to develop land. I fail to understand why the compensation to a statutory undertaker should be based upon different principles. However, I should like to make the same suggestion as I made in respect of Clause 21, that, if the hon. and learned Gentleman will permit the authorities to discuss the matter with him in the same way as he has already had discussion with statutory undertakers, I shall be happy to withdraw the Amendment.

The Solicitor-General

I shall be most happy to accede to the suggestion. I am sorry for my own sake that I have not had the advantage of seeing at an earlier stage, the hon. Member and those for whom he is so ably speaking, but he will realise that the time up to the first presentation of the Bill was very short and that there were many matters which required consultation. I hope that at an early opportunity suitable to him and his friends they will meet me and I will consider their point and report the result to my hon. Friend.

Dr. Russell Thomas

Is it not a fact that the Amendment will have the result of denying statutory undertakers their proper compensation?

Amendment negatived.

1.15 p.m.

Clause ordered to stand part of the Bill.