HC Deb 22 November 1954 vol 533 cc964-6

Lords Amendment: In page 30, line 15, after "land" insert: or of an interest in so far as it subsists in particular land.

The Lord Advocate

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

Perhaps it would be convenient to consider, with this Amendment, the Amendments in page 30, lines 17, 20, 26 and 36, and in page 31, line 13.

The reasons for moving these Amendments are twofold. They all hang together. The first is that Clause 23 (3) does not enable account to be taken, in assessing the depreciation caused by a planning decision, of any previous order revoking or modifying planning permission which has given rise to the payment of compensation for depreciation. That omission has to be made good, and this series of Amendments does that. That is the first reason for them.

The second reason is that Clause 24 (3) as it stands is not complete because it fails to make clear that what is relevant for the purposes of Part II of the Bill is only the value of the interest so far as it subsists in any land to which the decision relates which has an unexpended balance of established development value. That defect is made good by this series of Amendments.

Subsequent Lords Amendments agreed to: In page 30, line 17, leave Out "and the next following."

In line 20, leave out from "arises" to end of line 25.

In line 26, leave out "of the interest" and insert "in question."

Lords Amendment: In page 30, line 30, leave out from "decision" to end of line 32 and insert: by any grant of planning permission made after that decision and in force immediately before the Secretary of State gives notice of his determination of 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,

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."—[The Lord Advocate.]

12.15 a.m.

Mr. D. Johnston

I was hoping that the Lord Advocate would explain the Amendment, because it was not one of those covered by his previous explanation. As a result of the Amendment and one which we have just passed, Clause 23 (2, b) will read: Subject to the next following subsection, the value in question shall be taken to be depreciated if, and to the extent to which, that value, calculated—

  1. (a) as at the time of the relevant decision, but
  2. (b) as affected by that decision …"
then one comes to the Amendment.

The Amendment starts with a comma, and reads: , by any grant of planning permission … and by any undertaking to grant planning permission so in force; … Am I right in thinking that there is understood to be an "and" between "decision", which is the last word of Clause 23 (2, b) as it stands, and", by any grant …", then another "and" and finally "by any other undertaking"?

If one "and" is understood and the other is specific, as in the Amendment, the relevant decision requires to be qualified by three matters. They are: … as affected by the decision … and … by any grant of planning permission … and … by any undertaking … If that is right, is that "and" disjunctive or conjunctive? My own view is that it is disjunctive and that only one of the conditions postulated has to be satisfied and not the three conditions, which would require the "and" to be conjunctive.

Commander Galbraith

The answer is that "and" is disjunctive and that there are three separate factors.

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

Subsequent Lords Amendment agreed to: In page 30, line 36, leave out from "Part" to end of line 40 and insert: or Part V of this Act, or compensation for depreciation within the meaning of subsection (3) of section forty 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 forty 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.

Lords Amendment: In page 31, line 4, leave out from "refused" to end of line 5.

The Lord Advocate

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

With this Amendment might be taken the Amendment in page 31, line 10. The words proposed to be left out are entirely unnecessary.

Subsequent Lords Amendments agreed to: In page 31, line 8, after "permission" insert "applied for".

In line 10, leave out from "twenty-one" to end of line 12.

Transpose Clause 23 to after Clause 27.