HC Deb 07 July 1947 vol 439 cc1941-3
Mr. Buchanan

I beg to move, in page 52, line 35, to leave out from "development," to the end of line 39.

This Amendment should be read with the Amendment in page 53, line 4. The effect of the Amendment is to provide that in assessing compensation on compulsory acquisition after the appointed day in cases where planning permission has been granted before the date of the notice to treat for development other than development under any of the classes specified in the Third Schedule to this Bill, no regard is to be had to any increase in the value of the land which is attributable to planning permission. Clause 46, as it stands, is defective in that it ignores the fact that the value of the land will be increased as a result of the payment of a development charge or as a result of exemption from payment of the development charge under Part IV of this Bill.

Amendment agreed to.

Further Amendment made: In page 53, line 4, at end, insert: (3) Where, at any time before the date of the notice to treat, planning permission has been granted for any development of the land, other than development of any class specified in the Third Schedule to this Act, or is deemed to have been so granted, then unless either—

  1. (a) any sum has been paid under Part V of this Act by way of development charge in respect of that development; 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;
the value of the interest to which the notice to treat relates shall be calculated as if that permission had not been granted."—[Mr. Buchanan.]

Mr. Westwood

I beg to move, in page 53, line 16, at the end, to insert: (4) Where the interest is acquired in pursuance of a purchase notice served under the said Section sixteen, and directions have been given under paragraph (b) of Subsection (2) of that Section requiring that planning permission shall be granted for any development of other land to which the purchase notice relates, no account shall be taken for the purposes of this section of any increase or diminution in the value of the said interest which is attributable to the direction or to any permission granted in pursuance thereof. Under Clause 16 (2, b) the Secretary of State may confirm a purchase notice under that Clause for part only of the land to which the notice relates, and he may direct that planning permission shall be granted for development of the remaining part. The object of the Amendment which I am moving is to ensure that, in assessing the compensation which is to be paid by the local planning authority on the acquisition of that part of the land for which the purchase notice was confirmed, no account is taken of any increase or diminution of the value of that part which may result from the direction, or any permission for the development of the other part which may be given in accordance with the direction.

Amendment agreed to.

10.45 P.m.