HC Deb 24 March 1959 vol 602 cc1273-7

10.45 p.m.

Mr. Brooke

I beg to move, in page 70, line 25, at the end to insert: (b) that the appropriate authority (unless compelled to do so by virtue of section thirty-two of this Act) do not propose to acquire any part of the hereditaments in the exercise of any relevant powers. The House may be pleased to hear that the next five Amendments are linked with this Amendment and could conveniently be taken at the same time, Mr. Speaker.

Mr. Speaker

Yes.

Mr. Brooke

As a group of Amendments, they are formidable, and I am ready to explain them at length if the House desires. At this hour of the night, perhaps, it will suffice to say that paragraph 4 of the Fifth Schedule may not be wide enough. Paragraph 4 applies where notice is served under Clause 32 (1, b) as a result of a road proposal shown in a development plan. It is possible that a notice may be served under other provisions of Clause 32 (1) where the land will not be required for the scheme which is apparently causing the blight, and it may be possible to prove this by reference to information other than the limited range of orders, schemes and plans described in paragraph 4.

The main purpose here, therefore, is to insert in paragraph 2 of the Fifth Schedule an additional ground on which the counter-notice may be served, namely, that the authority does not propose, apart from the provisions of Clause 32, to acquire any part of the hereditament in the exercise of any relevant powers. This new ground for the service of a counter-notice will go wider than paragraph 4, and that paragraph is, therefore, deleted by one of the Amendments.

The other Amendments all deal with consequential matters arising out of that major change. I say "major change". It is a major change so far as this group of Amendments is concerned, but it is not a major change in relation to the Bill as a whole. I would gladly seek to explain what each Amendment does, if the House desired me to do so, but it may be that that brief explanation will suffice. So far as I am aware, there is nothing controversial in any of these Amendments.

Mr. Mitchison

The Amendment in page 70, line 39, provides for a method of treating objections which are now introduced. In paragraph 3 (2) of the original Fifth Schedule, I find what appears to be an opposite treatment for other types of objection. Is there some reason for that distinction?

Mr. Brooke

Yes, there is. It seemed to the Government that, unlike the other counter-notice under the existing headings in paragraph 2, the onus of proof in these cases, if the counter-notice is served on the new ground, should rest upon the authority and not upon the owner.

Mr. Mitchison

Could the right hon. Gentleman say why?

Mr. Brooke

Because in this case it is the local authority which is seeking to show that the land will not be required for the scheme.

Amendment agreed to.

Further Amendments made: In page 70, line 32, at end insert: (3) Any reference in this paragraph to relevant powers—

  1. (a) in relation to land falling within paragraph (a) of subsection (1) of section thirty-two of this Act, is a reference to powers of compulsory acquisition exercisable by reason that the land is designated as mentioned in that paragraph;
  2. (b) in relation to land falling within paragraph (b) of that subsection, is a reference to powers of compulsory acquisition for the purposes indicated in the development plan in relation to that land;
  3. (c) in relation to land falling within paragraph (c) of that subsection, is a reference to powers of compulsory acquisition exercisable for the purpose of constructing, improving or altering the road indicated in the development plan;
  4. (d) in relation to land falling within paragraph (d) of that subsection, is a reference to powers of compulsory acquisition exercisable by virtue of the special enactment referred to in that paragraph;
  5. (e) in relation to land falling within paragraph (e) of that subsection, is a reference to a power of compulsory acquisition exercisable in respect of that land by reason that it forms part of a road, or of the site of a proposed road or of the site of a road as proposed to be improved, as mentioned in that paragraph; and
  6. (f) in relation to land falling within paragraph (f) of that subsection, is a reference to powers of compulsory acquisition exercisable for the purpose of constructing, improving or altering the road shown on the plans referred to in that paragraph.

In page 70, line 37, after "and" insert: subject to the next following subparagraph".

In page 70, line 39, at end insert: (3) An objection on the grounds mentioned in head (b) of sub-paragraph (1) of the last preceding paragraph shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

In page 70, line 44, leave out paragraph 4.

In page 71, line 32, at end insert: 5.—(1) The provisions of this paragraph shall have effect where the grounds of objection specified in a counter-notice under section thirty-two of this Act consist of or include the grounds mentioned in head (b) of sub-paragraph 1 of paragraph 2 of this Schedule, and either—

  1. (a) the objection on the grounds mentioned in that head is referred to and upheld by the Tribunal, or
  2. (b) the time for referring that objection to the Tribunal expires without its having been so referred.
(2) If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament to which the counter-notice relates, or if the case falls within paragraph (d) of subsection (1) of section thirty-two of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in the hereditament or any part thereof shall cease to have effect. (3) If the case falls within paragraph (a) of subsection (1) of section thirty-two of this Act, then (without prejudice to the effect of any subsequent designation) the development plan shall have effect as if no part of the hereditament were designated therein as land subject to compulsory acquisition.—[Mr. Brooke.]

Mr. Bevins

I beg to move, in page 72, line 1, at the beginning to insert: Subject to the next following sub-paragraph". If you agree, Mr. Speaker, I think that the following Amendment could be taken with this one.

Mr. Speaker

Yes.

Mr. Bevins

Perhaps it would be helpful if I were to explain what the effect of the Amendments is. Shortly, it is this. It is possible that an authority, having decided not to counter a blight notice, may wish to take possession of the land before compensation has been settled. If an authority were to do so, were to carry out work on the land, and the owner then withdrew notice under Clause 32, the deemed notice to treat would disappear and the acquiring authority might find itself to be a trespasser. That would be wrong, and the Amendments correct that.

Amendment agreed to.

Further Amendment made: In page 72, line 9 at end insert: (2) A person shall not be entitled by virtue of the preceding sub-paragraph to withdraw a notice after the appropriate authority have exercised a right of entering upon and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.—[Mr. Bevins.]