CLAUSE 16.—(Obligation to purchase land on refusal of planning permission in certain cases.) (Hansard, 7 July 1947)

§ The Lord Advocate

I beg to move, in page 17, line 40, to leave out from 1926 "state" to the end of line 43, and to insert "and."

This Amendment does three things. First, it omits from Clause 16 (1, a) the words whether by reason of deterioration or obsolescence of buildings or the occurrence of war damage or otherwise. The reference to deterioration, obsolescence or war damage was inserted for 1927 the purposes of illustration; and the words "or otherwise" were intended to extend the Clause to land incapable of reasonably beneficial use for any other reasons. The inclusion of the words "or otherwise" might, however, limit the Clause to cases similar to cases of deterioration, obsolescence or war damage. The intention of the Clause is better fulfilled by leaving the words "incapable of reasonably beneficial use" completely unqualified.

Secondly, the Amendment omits the words "of development" in line 40. This is to make it clear that the Clause extends to agricultural land and is not confined to land already built on. This was always the intention of the Clause but it is desirable to make this intention plain. Thirdly, the Amendment makes it clear that the condition specified in paragraph (a) must be satisfied in all cases, that is, the land must be incapable of reasonably beneficial use as it stands; and in addition it must be shown that the land cannot be made reasonably beneficial by redeveloping it in accordance with any permission which has been granted, that is, under paragraph (b) or paragraph (c)

§ Mr. Westwood

I beg to move, in page 18, line 48, after "it," to insert: either in relation to the whole or in relation to any part of the land to which it relates. Subsection (2, c) says that where the Secretary of State thinks it is expedient that another local authority should acquire for the purpose of any of their functions land in respect of which a purchase notice has been served, he may modify the purchase notice by substituting the other authority for the local planning authority. There may be cases where the other authority requires only part of the land in question, and this Amendment enables the Secretary of State to modify the purchase notice as regards either the whole or any part of the land.