HC Deb 09 October 1944 vol 403 cc1518-22
The Solicitor-General

I beg to move, in page 53, line 7, leave out from "authority," to end of line 9, and insert: authorising a compulsory purchase under this Act.

Sir J. Mellor

When discussing the earlier Clauses, at your suggestion, Major Milner, the Committee decided to postpone discussion of the question of a public local inquiry until the Schedules were reached. Is it your view that any discussion on that point should take place upon the existing Schedules or upon the new Schedule to be moved in due course?

Sir P. Hannon

May I also ask your guidance, Major Milner, on the new Clause in my name which you held to be out of Order? At what joint in the discussion should I be in Order in calling attention to the matter?

The Chairman

I am not quite clear what the hon. Baronet the Member for Tamworth (Sir J. Mellor) referred to, but it will, of course, be in Order on the question dealing with the new Schedule.

Mr. W. S. Morrison

It seems to me, subject to year better opinion, Major Milner, that the new Schedule for dealing with objections would be a good place to discuss the matter.

The Chairman

That would appear to be so. The point of the hon. Member for Moseley (Sir P. Hannon) will arise on the First Schedule. I think it is a matter of procedure.

The Solicitor-General

This Amendment is one of a series relating to the publication and serving of notices on owners. Originally, the First Schedule related to Clauses 2 to 4, and 9, and the second to Clause 10. As the result of consideration and representations, these Schedules are to be married into one, and the result will provide for the service of notices on all owners, only by direction of the Minister in connection with contracts by which comparatively few things are affected.

Amendment agreed to.

Further Amendments made: In page 53, line 16, leave out "As soon as may be."

In line 17, leave out "by Gazette and local advertisement."

In line 23, at end, insert: (2) In the case of any such order as to which the Minister so directs, the authority shall serve on every owner of any land to which the order relates a notice to the like effect as that of the notice required by the preceding sub-paragraph to be published. Provided that this sub-paragraph shall not have effect in the case of an order which relates only to land as to which an order under Section one of this Act is in force. (3) The notice required as aforesaid to be published shall be published—

  1. (a) in the case of an order which relates only to land as to which an order under Section one of this Act is in force, and in any other case in which service on owners is not effected, by Gazette and local advertisement; or
  2. (b) in a case in which service as aforesaid is effected, in one or more newspapers circulating in the locality in which the land to which the order relates is situated.
(4) Publication as aforesaid, and service as aforesaid if any, shall be effected, in the case of an order which relates only to land as to which an order under Section one of this Act is in force, as soon as may be after the order has been submitted, and, in any other case, as soon as may be after the order has been submitted and any direction of the Minister as to service on owners has been given or he has notified the authority that he does not propose to give any such direction. In line 24, leave out from beginning to "either," in line 33, and insert: 3. The provisions of the Schedule (Procedure for dealing with objections) to this Act shall have effect in relation to the order if any objection thereto is duly made. 4. Subject to the provisions of the said Schedule in a case in which those provisions have effect, the Minister may confirm the order as submitted. In line 43, leave out from "on," to end of paragraph 5, and insert:
  1. "(a) any owner or occupier of any of the land thereby designated who, at any time after the publication of the notice of the order as submitted, has sent to the authority a request in writing to serve him with the notice required by this paragraph specifying an address for service;
  2. (b) any person who has duly made an objection to the order and at the time of making it or thereafter has sent to the authority such a statement as aforesaid; and
  3. (c) such other persons, if any, as the Minister may specify, whether individually or as members of a class of persons."

In page 54, line 14, leave out from "Minister," to "shall," in line 15, and insert: authorising a compulsory purchase under this Act, other than an order giving an authorisation in accordance with Section eleven of this Act. In line 22, after "Schedule," insert: and, in any case in which he thinks it requisite so to do, serve on every owner of any of the land to which the draft relates."—[Mr. W. S. Morrison.] Motion made, and Question proposed, "That the Schedule, as amended, be the First Schedule to the Bill."

Sir P. Hannon

We are face to face with every variety of property the acquisition of which is contemplated in Clauses 2 and 3 and 9 and 10. We feel very strongly that it is imperative that there should be some co-ordination of the method of compulsory acquisition of land. We have in Birmingham for a long time been engaged upon an examination of town-planning schemes which have commended themselves to every Minister who has been brought into contact with them. I am not quite certain that the Minister himself has seen the designs that he has produced for the planning of the City, but the Minister of Health was very much impressed with the admirable work that has been accomplished. We have not only to deal with land and buildings which have been injured and practically destroyed in the raids, but also with a part of the City which has been badly laid out and is in a very congested state, and to which the new reconstruction schemes will be applied. We have also to deal with the social development of the City, which will be a natural consequence in the course of reconstruction after the war. All these things impose upon the Estates Committee of the City Council and the City administration a very heavy burden, and it is imperative that there should be as little inconvenience as possible in view of the other responsibilities attaching to the management of the City after the war.

I am not certain whether the Minister can assure us that under this Schedule or the proposed new Schedule he can, as far as possible, ease the burdens which will rest upon the Corporation of Birmingham in dealing with planning schemes when this Bill becomes an Act. It is important that we should have an assurance on that point. We have in Birmingham one of the leading city engineers whose work in dealing with problems of this nature is recognised throughout the country as highly competent, and his work in connection with town planning generally and the planning of our city has been universally recognised. The work has been uncommonly well done, and the town clerk and his efficient assistants have been engaged for a long time in the preparation of plans. We therefore feel, and I am sure it would be the wish of the Minister, that as little burden as possible should be added to the work which the officials of the City have to face in post-war reconstruction. Speaking in general terms, what I have said applies to other local authorities throughout the country.

Mr. W. S. Morrison

I can give my hon. Friend the assurance he desires. The whole purpose of the Schedule, with these Amendments, is to provide a complete and lasting process in favour of what was formally a cumbrous and expensive one. The powers have been related to the purposes for which the powers are to be exercised, and my hon. Friend can rest assured that this Schedule marks a great advance in seeing that the corporation he represents will be empowered to undertake their great task.

Question, "That the Schedule, as amended, be the First Schedule to the Bill," put, and agreed to.