HC Deb 18 November 1949 vol 469 cc2407-9
Mr. Berry (Woolwich, West)

I beg to move, in page 7, line 28, at the end, to insert: (4) No development charge shall be payable under Part VII of the Town and Country Planning Act, 1947, in respect of the laying out of cultivation of gardens on any land subject to a lease or authorisation under this Act in accordance with any such permission to develop land as is referred to in subsection (1) of this section. May I ask, Mr. Bowles, with a view to expedition whether you would be prepared to take this and the next Amendment together, namely, in line 28, at end, insert: (4) For the purposes of Section thirty-five of the Town and Country Planning Act, 1947, where in the exercise of the powers conferred on a local authority by Section four of this Act any development is carried out by that authority on any land to the possession of which they are entitled by virtue of an authorisation under this Act that development shall be deemed to be authorised by the Minister.

The Deputy-Chairman (Mr. Bowles)

Yes if that is agreeable to hon. Members.

Mr. Berry

I am much obliged, Mr. Bowles.

The ordinary provisions of the Town and Country Planning law will apply to the operations carried out on, and the uses made of, any war damaged sites possession of which is taken by a local authority under the Bill. Circumstances may arise, therefore, in which a local authority may be required to pay a development charge in respect of the action it takes to clean up or improve a site. The amount of such charges is not likely in any particular case to be great, having regard to the amenity nature of the authority's interest in the site, and in the case where it has taken possession compulsorily, to the insecurity of its tenure.

The object of this Amendment is to make it clear that a local authority will not be required to pay a development charge where it proposes to improve a war damaged site by the laying out and cultivation of gardens. It is considered that it would be inequitable in such a case to levy a charge since the local authority will not benefit financially from the operations it carries out. Further, there is the temporary nature of the occupation. The development charge really was placed on the Statute Book with a view to long-standing occupation and benefit.

With regard to the second Amendment, under Section 35 of the Town and Country Planning Act, 1947, when a Government Department authorises a local authority to acquire land compulsorily for any purpose, that Department may, at the same time as it grants the authorisation, direct that planning permission is deemed to be granted for the development of the land for the purpose of which its acquisition is authorised. The making of such a direction avoids approach by the acquiring authority both to the Department authorising the acquisition and to the local planning authority and the Minister of Town and Country Planning before it can commence the development.

Air-Commodore Harvey (Macclesfield)

On a point of Order, Mr. Bowles. Could the hon. Gentleman read a little more slowly? It is difficult to follow what is going on.

Mr. Berry

It is unusual to have complaints that speeches cannot be heard and I recommend the hon. and gallant Member to take advantage of the National Health Service. [HON. MEMBERS: "Read a little slower."]

The object of the Amendment is to apply this procedure to cases where, under the Bill, local authorities are authorised by the Minister to take possession of war damaged sites to carry out works of improvement, securing that the sites are not in conditions detrimental to the amenities of the neighbourhood. The Amendment is designed, first, to safeguard a local authority against a development charge and, secondly, to secure that the passage for the local authority in getting on with the work may be much speedier that would otherwise be the case.

Mr. Blenkinsop

The first of the two Amendments would conflict with the general principle regarding arrangements for payment of development charges in connection with local authority development. In point of fact we do not believe that, in actual practice, charges are likely to arise in cases of this sort. We have investigated and had some discussion on this matter and are satisfied that in practice this problem should not arise. Neither are we sure that the provision contained in the second Amendment is necessary, but we are prepared to reexamine the matter to make quite sure of this. If necessary, an Amendment will be put down at a later stage.

Mr. Berry

In view of the assurances of my hon. Friend, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause ordered to stand part of the Bill.