HC Deb 27 October 1966 vol 734 cc1555-7
Mr. Willey

I beg to move Amendment No. 173, in page 130, line 1, after 'powers' to insert: 'in the circumstances specified in paragraph 2(1) of this Schedule'. Paragraph 3 of Schedule 8 went too far in limiting Schedule 4 base value in every compulsory purchase under Case A to eleven-tenths of the current use value. This limitation is appropriate wherever compensation has been paid for severance or other injurious affection to other land because there such injury is covered by "the appropriate deduction" of Schedule 8, paragraph 2. To allow depreciation to the current use value of other land as in the normal Case A would in these cases mean giving a double allowance for such depreciation. But injury may occur to the current use value of the claimant's other land on compulsory purchase in circumstances where no payment for severance or injurious affection is made to him, and in this kind of case he must be allowed the normal Case A depreciation factor in Schedule 4 base value. The Amendment achieves that.

Amendment agreed to.

2.15 a.m.

Mr. Skeffington

I beg to move Amendment No. 174, in page 130, line 27, at the end, to insert: (4) Where immediately before the relevant date the relevant land, or part of it, had an unexpended balance of established development value for the purposes of Part VI of the Act of 1962 or for the purposes of the Scottish Act of 1954, then in calculating the current use value of the relevant interest for the purpose specified in sub-paragraph (1) of this paragraph that balance shall be treated as not having been extinguished or reduced by the operation, in relation to the disposition in question, of section 96 of the Act of 1962 or, as the case may be. of paragraph 1 of Schedule 6 to the Town and Country Planning (Scotland) Act 1959. This is an important Amendment and I think it will commend itself to the House.

A cardinal factor in the scheme of the levy is that the "unexpended balance of established development value" of land, which derives from claims for loss of development value made under the Town and Country Planning Act, 1947, should belong to the landowner, and this result will be secured by the account we have taken of such unexpended balances in assessing the current use value of interests in land.

However, current use value for the purpose of Case A is assessed immediately after the disposition—Schedule 4, paragraph (3, 1)—at which time in the case of compulsory purchase the unexpended balance will have been extinguished by the operation of Section 96 of the Town and Country Planning Act, 1962.

This Amendment therefore keeps the unexpended balance alive for the purpose of including it in the current use value, and is therefore very much in the interests of the levy payer.

Amendment agreed to.

Further Amendments made: In page 131, line 8, at end insert: 7.—(1) Where apart from this paragraph a previous disposition of a related tenancy would be a relevant disposition of that tenancy for the purposes of the application of Part III of Schedule 5 to this Act to a chargeable act or event, paragraph 6 of this Schedule shall have effect for those purposes as it has effect for the purposes of the application of Part I of that Schedule, as if in that paragraph any reference to the chargeable interest were a reference to that tenancy. (2) In this paragraph 'related tenancy' has the meaning assigned to it by paragraph 22(2) of Schedule 5 to this Act.

In page 133, line 29, leave out from beginning to end of line 50 on page 134.—[Mr. Willey.]