HC Deb 09 July 1959 vol 608 cc1701-4

Lords Amendments agreed to: In page 25, line 6, leave out from "mentioned" to end of line 15.

In line 25, after "other" insert "act or".—[Mr. H. Brooke.]

Lords Amendment: In page 25, line 46, leave out from "section" to "they" in page 26, line 1, and insert: cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to a freehold interest in, or tenancy of, that land or that part thereof, as the case may be".

Mr. H. Brooke

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

The purpose of this Amendment is to get over a difficulty over the word "dispose", which is given a wide meaning in Clause 46 of the Bill. At present, under Clause 18, where a person has given to the acquiring authority an address for service and within five years that acquiring authority disposes of any of the land, it is obliged to notify the local planning authority so as to ensure that it becomes aware of any planning permission affecting the land which may give rise to the right to claim additional compensation. The word "dispose" has a very wide meaning, and would lead to unnecessary work.

For example, if, let us say, the British Transport Commission granted an easement to the Post Office for a telegraph line, that would be caught by the words of the Bill as it stands, but, so long as the acquiring authority retains an interest in the land, it can, by its own arrangements, ensure that it is made aware of the grant of any planning permission. It should only be necessary to bring in the local authority planning authority where the acquiring authority ceased to hold any interest at all.

The effect of this Amendment, therefore, is to provide that the obligations to notify the planning authority should arise only where it no longer holds a freehold interest or a tenancy in the land. This will, in fact, simplify the operation of the Bill.

Question put and agreed to.

Lords Amendment: In page 26, line 25. after "1947" insert: and for any reference to a freehold interest in any land there shall be substituted a reference to the dominium utile in that land".

Mr. N. Macpherson

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

This Amendment is simple and consequential on the last Amendment. It substitutes the Scottish version of freehold interest. The House will have become familiar during the early stages of the Bill with the phrase dominium utile.

Question put and agreed to.

Lords Amendment: In line 36, at end insert: (b) for any reference to compensation under the last preceding section, of a reference to additional consideration as aforesaid, and (c) for any reference to subsection (5) of the last preceding section of a reference to paragraph (d) of subsection (9) of that section.

The Solicitor-General for Scotland

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

Paragraph (b) refers to a matter that I mentioned a few minutes ago. It deals with additional consideration as well as compensation—a purely technical matter. Paragraph (c) is consequential to the Amendment in page 24, line 29.

Question put and agreed to.