HC Deb 25 July 1950 vol 478 cc220-1
6. Mr. Russell

asked the Minister of Town and Country Planning whether in cases where before 1947 there was a genuine intention to develop, and delays by local planning authorities prevented planning permission being granted before publication of the Town and Country Planning Act, 1947, but permission has since been granted by him, on appeal, he will exercise his discretion and issue a Section 80 certificate if the applicants submit a by-law application in conformity with his final recommendations.

Mr. Dalton

Yes, provided that the by-law submission was made within the 10 years preceding 7th January, 1947.

Mr. Russell

Is the Minister aware that many applicants did not submit their bylaw application in time, because of delays by the planning authorities in coming to a decision? If he will not grant it in these cases is it not rather unfair that they should be penalised when it is no fault of their own?

Mr. Dalton

The law is very definite on the subject. Before the 1947 Act was passed, the position was that if this concession with regard to dead ripe land was to operate, there had to be a by-law application or a building contract, or a building application, within the 10 years ending 10th January, 1947. I am bound by the law, and I cannot go beyond that.

Mr. Derek Walker-Smith

Does not the right hon. Gentleman agree that the requirements of the Section operates very harshly on a number of applicants? Will he not consider the possibility of amending legislation with regard to that particular Section?

Mr. Dalton

I do not think they operate very harshly, and I can hold out no hopes of legislation at present.