HC Deb 22 November 1954 vol 533 cc846-8

Lords Amendment: In page 29, line 38, after "land" insert: or of an interest in so far as it subsists in particular land".

Mr. Deedes

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is the first of several Amendments which are all related, and they are almost entirely of a drafting character. It may be for the convenience of the House if I now say a few words of general explanation to show what their total effect is. The one change of substance is that made in subsection (3) by the Amendment to page 30, line 15. It is obvious that the assessment of depreciation should take account of all previous planning decisions and revocation or modification orders which give rise to the payment of compensation or depreciation and not merely those decisions which have given rise to compensation under Part II.

The changes which result are, in the main, caused by suppressing Clause 24 and incorporating its matter into Clause 23. Clause 24 has been dwindling in earlier stages, and it now disappears and is transposed into Clause 23. The advantage is that all the directions to the valuer are now to be found within a single Clause.

Subsequent Lords Amendments agreed to: In page 29, line 40, leave out "and the next following."

In page 29, line 43, leave out from "arises" to end of line 4 on page 30.

In page 30, line 5, leave out "of the interest" and insert "in question."

In page 30, line 9, leave out from "decision" to end of line 11 and insert: by any grant of planning permission made after that decision and in force immediately before the Minister gives notice of his findings on the claim for compensation in respect of that decision, and by any undertaking to grant planning permission so in force; and (c) on the assumption that, after the relevant decision and apart from any such permission or undertaking as aforesaid, planning permission would be granted for development of any class specified in the Third Schedule to the principal Act but not for any other development."—[Special Entry.]

Lords Amendment: In page 30, line 15, leave out from "Part" to end of line 19 and insert: or Part V of this Act, or compensation for depreciation within the meaning of subsection (3) of section thirty-eight of this Act, has become, or becomes, payable in respect of another planning decision or in respect of an order to which the said section thirty-eight applies, being a planning decision or order made before the relevant decision in respect of, or of land which includes, the whole or part of the land to which the relevant decision relates, the calculation called for by the last preceding subsection shall be made on the assumption that that other planning decision was a decision to the contrary effect or, as the case may be, that that order was not made.

Mr. Deedes

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment is also consequential upon the first of the series.

Mr. MacColl

Could the hon. Gentleman explain the precise effect of introducing the consideration of Part V together with this part? I should like to know, quite simply, what is likely to be the effect upon the amount of compensation to be obtained. I had thought the effect would be to reduce the compensation, but as this is a Privilege Amendment it will, apparently, increase the charge upon public funds and I must have misread it. It would be helpful if we could be clear about what we are approving. Might I have an answer?

Sir L. Ungoed-Thomas

Surely we are to have an answer. It is a very simple question, whether there is an increase or a decrease of the charge as a result of the Amendment. There is also the point of the effect of bringing in Part V in this way in relation to compensation, which is dealt with under Part II. It is puzzling to see all this chucked into one subsection.

Mr. Deedes

I apologise to the hon. and learned Gentleman and his hon. Friend It is a technical point and it is as well to get the answer right. The Amendment will have the effect of decreasing compensation.

Sir L. Ungoed-Thomas

Might we also know why Part V is brought in here? It is a puzzling way to deal with it. We are all rather at a loss to understand it.

Mr. Deedes

I said on the earlier Amendment that the instructions to the valuer and the rest of what was formerly in Clause 24 are now incorporated in Clause 23. There has been no change, in fact, principle or definition. It is simply a lumping together in Clause 23 of what was previously in Clause 24. There is no substantial change. I agree that it is a very comprehensive piece of drafting, but I ask the hon. and learned Gentleman to accept what I say.

Question put, and agreed to. [Special Entry.]

Subsequent Lords Amendments agreed to: In page 30, line 28, leave out from "refused" to end of line 29.

In page 30, line 31, at end insert "applied for."

In page 30, leave out lines 34 and 35.

In page 30, transpose Clause 23 to after Clause 27.