HC Deb 22 February 1945 vol 408 cc1083-4

  1. (1) In this Act the expression "local planning authority" means such a council as is mentioned in Sub-section (1) of Section two of the Town and Country Planning Act, 1932.
  2. (2) Where there is in force an agreement made under Sub-section (2) of Section two of the Town and Country Planning Act, 1932, or under any corresponding enactment repealed by that Act, for relinquishing in favour of the council of a county any of the powers and duties under that Act or Section one of the Town and Country Planning Act, 1944, of the council of a county district, then, for the purposes of Section one and of Sub-sections (1) and (2) of Section two of this Act—
    1. (a) the council of the county shall be deemed to be a local planning authority; and
    2. (b) if the council of the county district have relinquished all their powers under the said enactments, they shall be deemed not to be a local planning authority.
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  3. (3) For the purposes of Section one and of Sub-sections (1) and (2) of Section two of this Act a joint committee appointed under Section three or four of the Town and Country Planning Act, 1932, or under a repealed enactment relating to town planning shall be deemed to be a local planning authority.—[Mr. Henry Strauss.]

Brought up, and read the First time.

The Parliamentary Secretary to the Ministry of Town and Country Planning (Mr. Henry Strauss)

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

This is a new definition of local planning authority. There is a later Amendment, consequential on this, striking out the existing definition in the Bill, and this new definition of local planning authority is to bring the local planning authority in this Bill into line with the local planning authority under the planning code. The local planning authority under that code is in general defined in Sub-section (1) of Section 2 of the Town and Country Planning Act, 1932, but there is a possibility of the powers of the local planning authority, as so defined, being transferred in whole or in part to a county council, and in the latter case this Clause provides that the county council as well as the local planning authority shall be local planning authorities for the purpose of this Statute, that is to say, together they will appoint half the members of the committees that are being set up. Sub-section (3) provides for the case of a joint committee. I think that the new Clause is really commonsense. It merely makes the planning authority for the purpose of this Bill what the planning authority is under the planning legislation.

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