HC Deb 22 November 1954 vol 533 cc910-1

Lords Amendment: In page 55, line 9, at end insert: Provided that if at any time an amount becomes recoverable under section thirty of this Act, as applied by the subsequent provisions of this section, in respect of that compensation, then, for the purposes of Parts II and III of this Act, paragraphs (a) and (b) of this subsection shall have effect as from than time as if the principal amount of that compensation had been reduced by a sum equal to seven-eighths of the amount which has so become recoverable. (3) Where in the case of any claim holding (in this subsection referred to as "the parent holding") compensation under this Part of this Act is payable in respect of the depreciation of an interest in land by one or more planning decisions or orders, and any such decision or order did not extend to the whole of the area of the parent holding, then, both for the purposes of the last preceding subsection and for the purposes of Parts II and III of this Act—

  1. (a) the parent holding shall be treated as having been divided immediately before the commencement of this Act into as many 911 separate claim holdings, with such areas, as may be necessary to ensure that in the case of each holding either any such decision or order extending to the area of that holding extended to the whole thereof or that no such decision or order extended to the area of that holding;
  2. (b) the value of each of the separate holdings respectively shall be taken to be that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding;
  3. (c) the authority determining the amount of any such compensation shall apportion that amount between the areas of the separate claim holdings to which the decision or order in question extended in such manner as appears to that authority proper, and the portion of that amount apportioned to the area of any separate claim holding shall be taken to be compensation payable under this Part of this Act in respect of that claim holding.

The Solicitor-General

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

The topic here is the question of the recovery of Part V compensation, when paid, upon subsequent development. The Amendment deals with two points. The first, the proviso, is inserted, because in this part. Clause 30 (9) will not apply for reasons with which I need not trouble the House and subsection (3) is to deal with cases where the payment is made only in respect of part of the area of the claim holding.

Subsequent Lords Amendment agreed to: In page 55, line 11, after "Act" insert: except subsection (9) of the said section thirty.