HC Deb 07 July 1947 vol 439 cc1970-2
Mr. Westwood

I beg to move, in page 74, line 25, to leave out Subsections (2) to (5) and to insert: (2) Where, after the amount of the development charge has been determined under this Part of this Act in respect of any operations or in respect of any use of land, and before the amount so determined has been fully discharged—

  1. (a) planning permission for the carrying out of those operations or for the institution or continuance of that use is revoked by an Order made under section eighteen of this Act; or
  2. (b)an order is made under section twenty-two of this Act requiring the removal of any buildings or works erected or constructed in carrying out those operations, or requiring the discontinuance of that use; or
  3. (c) the whole of the land to which the determination relates is compulsorily acquired under this or any other Act,
the determination, and any agreements or charges made or given in respect thereof, shall thereupon cease to have effect but without prejudice to the validity of anything previously done thereunder, and the Board shall on application being made to them discharge or release any agreements or securities given in respect thereof. (3) Where, after the amount of the development charge has been determined as aforesaid, and before the amount so determined has been fully discharged—
  1. (a) planning permission for the carrying out of the operations, or for the institution or continuance of the use, to which the determination relates, is modified by an order made under the said section eighteen; or
  2. (b) an order is made under the said section tweny-two requiring the alteration of any buildings or works erected or constructed in the carrying out of those operations, or imposing conditions on the continuance of that use; or
  3. (c) any part of the land to which the determination relates is compulsorily acquired under this or any other Act,
the Board shall, on application made to them in accordance with regulations under this Act, vary the determination and amend, discharge, modify or release any agreements or securities made or given in respect thereof, so far as may be just in consequence of the modification, order or purchase, as the case may be. (4) Where compensation is payable under Part II of this Act in consequence of any such order as mentioned in paragraph (a) or paragraph (b) of subsection (2) or subsection (3) of this section, then, in calculating for the purposes of the compensation any depreciation in the value of the land to which the order relates, or any other loss or damage sustained by a person interested in that land, regard shall be had to the foregoing provisions of this section and to anything done by the Board thereunder. (5) Where compensation is payable under the said Part II in consequence of any such order as aforesaid, or where land is compulsorily acquired as mentioned in paragraph (c) of subsection (2) or subsection (3) of this section, then, if any sums have been paid to the Central Land Board by way of development charge in accordance with the determination referred to in those subsections, the Board shall pay to the authority or person by whom compensation is payable in consequence of the order or, as the case may be, in respect of the compulsory acquisition, a contribution towards that compensation representing such proportion of the sums so paid by way of development charge as may be agreed between the Board and that authority or person, or, failing agreement, as may be determined by the Secretary of State, to be appropriate in all the circumstances of the case. (6) Subsection (3) of section nineteen of this Act shall apply for the purposes of this section as it applies for the purposes of that section, and shall accordingly have effect as if the reference therein to the foregoing provisions of that section included a reference to the foregoing provisions of this section; and any reference in this section to the compulsory acquisition of land shall be construed as including a reference to the acquisition of land by agreement by any authority or person who has power or can be authorised to acquire it compulsorily. This is largely a drafting Amendment but it does mean one or two changes of substance. The most important of these changes are: first, the powers conferred on the Central Land Board to vary the amount of the charges and to discharge or modify security deeds given therefor in cases where planning permission is revoked or modified, are extended to cover any such cases where land is compulsorily acquired; second, the Amendment provides that where a development charge has been paid and planning permission is subsequently revoked or modified, if the land is compulsorily acquired the Central Land Board shall pay to the local authority compensation for the revocation of the planning permission as a contribution or such amount as may be agreed with the local authority; and failing agreement the amount of the contribution will be determined by the Secretary of State. This allows for the appeal against the decision of the local authority to the Secretary of State. This, I suggest, largely meets the point raised by hon. Members in Committee that some more definite obligation should be placed on the Central Land Board to make a proper contribution to local planning authorities.

Amendment agreed to.