HC Deb 07 July 1947 vol 439 cc1928-30
Mr. Westwood

I beg to move, in page 21, line 44, to leave out from beginning, to end of line 5, page 22, and to insert: has otherwise sustained loss or damage which is directly attributable to the revocation or modification, that authority shall pay to that person compensation in respect of that expenditure, loss or damage: Provided that unless either—

  1. (a) any sum has been paid under Part V of this Act by way of development charge in respect of the development to which the permission relates; or
  2. (b) no such charge is payable in respect of that development by virtue of any of the provisions of Part VI of this Act;
no compensation shall be payable under this Subsection in respect of loss or damage consisting of the depreciation in value of any interest in the land by virtue of the revocation or modification. The purpose of this and the next Amendment is to meet the case put up by the Opposition in Committee. Clause 19 relates to compensation following recovation or modification of planning permission and compensation in connection with liability under contracts for abandoned works. The point was that many losses might follow the revocation or modification of planning permission which were not covered as others were. The Lord Advocate undertook to look at the Clause again, and as a result of that I move this Amendment.

Amendment agreed to.

Further Amendments made: In page 22, line 13, leave out from "of," to "before," In line 14, and insert: any other loss or damage (not being loss 01 damage consisting of the depreciation in value of an interest in land) arising out of anything done or omitted to be done.

In page 23, line 6, leave out "and, and insert "(5)."

In line 8, leave out "granted for development."—[Mr. Westwood."]

Mr. Westwood

I beg to move, in page 23, line 10, to leave out from "apply," to end of line 17, and to insert: as if for references therein to the refusal of the permission or the imposition of conditions on the grant thereof there were substituted references to the revocation of permission or the modification thereof by the imposition of conditions, and Subsection (1) of that Section shall have effect as if for the words 'if the permission had been granted or had been granted unconditionally' there were substituted the words 'if the permission had not been revoked or had not been modified'. This is purely drafting, designed to clarify the application of Clause 17 in cases where permission for development of land specified in Part II of the Fourth Schedule is revoked or modified.

Amendment agreed to

Further Amendments made:

In page 23, line 25, after "of," insert "the acquisition of."

In line 25, at end, insert: as the case may be, any compensation pay able in respect of that interest."—[Mr Westwood.]

The Lord Advocate

I beg to move, in page 23, line 28, at the end, to insert: (7) Any compensation payable under this Section in respect of loss or damage consisting of depreciation in value of an interest in land shall be assessed in accordance with the provisions of the Fourth Schedule to this Act; and in calculating the amount of any such depreciation it shall be assumed that permission would be granted under this part of this Act for development of the land of any class specified in the Third Schedule to this Act. Clause 19, as it has been amended tonight, provides that, where planning permission is revoked or modified under Clause 18, compensation may in certain, cases include compensation in respect of the resultant depreciation of the value of the land. This Amendment provides that such compensation is to be assessed in accordance with the provisions of the Fourth Schedule. Similar provision is already contained in Clauses 17 and 23.

Amendment agreed to.