NEW CLAUSE G—(Applications for planning permission, determination of development charges, etc.)

HC Deb 01 August 1947 vol 441 cc937-40

.—(1) An application to a local planning authority for planning permission under Part III of this Act, and an application to the Central Land Board for the making or confirmation of any determination under Part VII of this Act, shall be made in such manner as may be prescribed by regulations under this Act and shall include such particulars and shall be verified by such evidence as may be required by the regulations or by any directions given by the local planning authority or the Board thereunder.

(2) Subject to the following provisions of this Section, regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

1. (a) an application for planning permission in respect of any development;
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2. (b) an application for a determination of the Central Land Board in respect of that development;
3. (c) any submission or application required to be made to a local authority in respect of that development under any enactment specified in the regulations.

(3) Any regulations made for the purposes of this Section which relate to any such application or submission as is mentioned in paragraph (c) of the last foregoing Subsection shall be made by the Minister and the Minister of Health, after consultation with such local authorities or associations of local authorities as appear to them to be concerned; and different provision may be made by such regulations in relation to areas in which different enactments are in force.

(4) An application or submission required to be made to a local authority under any enactment specified in such regulations as aforesaid shall, if made in accordance with the provisions of the regulations, be deemed to be valid notwithstanding anything in that enactment prescribing or enabling any authority to prescribe the form in which or the manner in which such an application or submission is to be made, but without prejudice to the validity of any application or submission made in accordance with that enactment, and without prejudice to any provision of that enactment enabling any such authority to require further particulars of the matters to which the application or submission relates.

Sir H. Lucas-Tooth

I beg to move, as an Amendment to the Lords Amendment, in line 13, at the end, to insert: (a) the submission of plans and specifications under building byelaws, and in other similar cases. I think that this is the last Amendment with which it will be necessary for the House to trouble itself today. It is one in regard to which I have some hopes that we may get a concession from the Government. The point is almost a drafting one. The House will see that the purpose of the Clause is to enable applications for planning permission and determination of development charges to go forward at the same time. In fact, the Clause re-enacts parts of Clause 13, which have been omitted in order that they may be brought in here.

Clause 13 (3, a) deals with the case of building and by-law applications. I think it is the intention of the Government that applications for planning permission and for the determination of development charges, should also include applications for building and by-law permission. It is true that under Subsection (2, c) of this new Clause there are general words which might possibly be wide enough to include my submission, but it is not quite clear, and it would be an improvement in the drafting of this Clause if the words proposed in my Amendment could be included. I hope that at this last moment, after we have dealt with this long series of Amendments, the Government may see their way to make one small concession.

Mr. Molson

I beg to second the Amendment to the Lords Amendment.

Mr. Silkin

For the sake of peace, and in order to show appreciation of the way in which these proceedings have been conducted, I should have been very happy to have accepted this Amendment, but it really is unnecessary. I am advised that it is fully covered by the provisions of Subsection (2, c) of the new Clause and that to incorporate the words of the Amendment which we are now discussing would be to minimise the effect of Subsection (2, c). I am prepared to have another look at it, and to make absolutely certain that the submission of plans and specifications under building by-laws and under similar cases are covered. My present advice is that they are fully covered, and that it will be quite unnecessary to insert the words proposed.

Mr. C. Williams

I admit I am a little disappointed at the way the right hon. Gentleman has received this Amendment. I am also disappointed because earlier today he expressed the hope that I would take an interest in the Bill. That being so I am disappointed that he did not deal more fully with the other words of the Clause in relation to a point I asked earlier. As he has sought to stir me up to take a practical interest in the proceedings, I hope that he will be able to explain the position about which I asked then.

7.15 p.m.

Sir H. Lucas-Tooth

In view of the Minister's undertaking, I beg to ask leave to withdraw the Amendment to the Lords Amendment.

Amendment to the Lords Amendment, by leave, withdrawn.