HC Deb 01 August 1947 vol 441 cc942-4

Lords Amendment: In page 157, line 38, leave out from "shall" to end of line and insert: if in force on the appointed day, continue in force in accordance with the terms thereof and may be enforced under the said Section thirty-four or under the scheme, as the case may be: Provided that—

  1. (a) nothing in any such agreement shall be construed as restricting the exercise, in relation to land to which any such agreement applies, of any powers exercisable by any Minister or authority under this Act, so long as those powers are exercised in accordance with the provisions of the development plan or in accordance with any directions which may have been given by the Minister under Section thirty-six of this Act, or as requiring the exercise of any such powers otherwise than as aforesaid.
  2. (b) if the Minister is satisfied, on application made to him by any person being a 943 party to any such agreement, or a person entitled to land affected thereby, or by the local housing authority, that any restriction on the development or use of the land imposed by the agreement is inconsistent with the proper planning or development of the area comprising the land, he may by order discharge or modify that restriction so far as appears to him to be expedient;
  3. (c) without prejudice to the provisions of the foregoing paragraph, if any person being a party to any such agreement (whether as originally made or as modified under the foregoing paragraph), or a person entitled to land affected thereby, claims that the agreement ought to be modified or rescinded having regard to the provisions of this Act or anything done thereunder, he may refer to arbitration the question whether the agreement should be so modified or rescinded, and the arbitrator may make such award as appears to him to be just having regard to all the circumstances."

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."

Mr. Manningham-Buller

This is the Amendment to which the right hon. and learned Gentleman the Attorney-General referred in the earlier part of our discussion with regard to the new Clause which takes the place of Section 34 in the 1932 Act. I do not intend to take up any time on this and I merely propose to say that I hope the Minister will consider restricting the power of local authorities to revoke an agreement and to limit that power to only being able to do that with the consent of the Minister. I do not think that we need debate this matter again: it is tied up with the other. I am sure that it is wrong in practice that local authorities, or anyone else, should be given power of unilateral revocation.

Mr. Silkin

I am at one with the hon. and learned Gentleman. It is wrong that local authorities should make agreements and then unilaterally seek to abrogate them, sometimes having received some benefit from them. Certainly, I should not be a party to that. I will do everything possible by administrative means to prevent it. I have to approve the original agreement and the abrogation can only be done as a result of a review of the plan. I think that a good deal can be done in that way, but I am also prepared to issue a memorandum to the local authorities on the question of agreements, making quite plain to them what is the general feeling of this House.

Mr. Manningham-Buller

With the leave of the House, may I thank the right hon. Gentleman for what he has said and ask him also to bear in mind the case where an agreement was originally in conformity with the plan for zoning for industrial purposes and where the effect of the wax has been that the land is now required for housing purposes? The revocation of agreement there may penalise the people with whom the agreement was made.

Remaining Lords Amendments agreed to. [Several with Special Entries.]

Mr. Silkin

I beg to move, That a Committee be appointed to draw up reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Bill. That Mr. Chetwynd, Sir Hugh Lucas-Tooth, Mr. Medland, Mr. W. S. Morrison and Mr. Silkin be the Members of the Committee; That three be the quorum.

Committee to withdraw immediately.

Reasons for disagreeing to the Lords Amendments reported, and agreed to; to be communicated to the Lords.