§ Lords Amendment No. 173: In page 76, line 43, leave out sub-paragraph (1) and insert:
1523§ Mr. Graham PageI beg to move, as an Amendment to the Lords Amendment, in line 15, after 'Act', insert:
'and section (Posting of site notice prior to planning application) of this Act'.I am glad to have the opportunity to move an Amendment similar to one which was rejected by the Minister just now. I was surprised that he did so. All we are saying here is that the Minister could make regulations bringing into operation under Lords Amendment No. 173 the beneficial Clause which the House has already accepted—Posting of site notice prior to planning application. He has already taken power to bring into the regulations matters relating to Section 16 of the principal Act, which is the brother, as it were, to the Clause relating to posting of site notices. One would have thought that the right hon. Gentleman would have welcomed having the power we propose in this Amendment.
§ Mr. SkeffingtonI am sorry that I cannot advise the House to accept this Amendment, although I indicated earlier that there may be at some time some extensions. But again I must remind the House—I do not want to mislead it in any way—of the practical consequences of unlimited extensions to which my hon. and learned Friend the Member for Derby, North (Mr. MacDermot) referred at an earlier stage.
New Clause M is restricted to those classes of planning application which can be prescribed for the purposes of Section 15 of the 1962 Act—in present practice, those which relate to what is usually termed, "bad neighbour" development. The Amendment to the Amendment would widen that and is not acceptable to the Government at the present time.
There is a further reason. The Amendment is unnecessary because paragraph 1 of Schedule 3 gives the Minister power to make regulations as to the manner in which applications for listed building consent are to be advertised, and this includes power to require the posting of site notices in respect of such applications. It is intended to use the power for this purpose so far as that category is concerned, so the hon. Gentleman's objective is already covered.
§ Amendment negatived.
§ Amendment to the proposed Lords Amendment agreed to: In line 18, leave 1524 out 'the order' and insert 'regulations'.—[Mr. Skeffington.]
§ Lords Amendment, as amended, agreed to.
§
Lords Amendment No. 174: In page 78, line 43, leave out "under this paragraph" and insert:
served in the prescribed manner within such period as may be prescribed, not less than 28 days from the receipt by him of notification of the decision".
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment would enable the Minister to prescribe the manner in which and the period within which such appeals are to be made. He may not prescribe a period less than 28 days from the receipt by the applicant of the decision on his application.
§ Question put and agreed to.
§
Lords Amendment No. 175; In page 78, line 49, at end insert:
or
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
Paragraph 7(2) of the Schedule states that the grounds of appeal against refusal of listed building consent may include a claim that the building is not of special architectural or historical interest and ought to be removed from any list compiled or approved by the Minister.
The Amendment adapts this ground of appeal for two special cases The first is where the building has not been listed but before the coming into operation of Part V of the Bill was made subject to a building preservation order under the 1962 Act; in such a case it is deemed to be listed, and the appellant's claim is that the Minister should give a direction to nullify the deemed listing.
The second case is where the building has not been listed, but has been subject to an interim "building preservation notice" served by a local authority under 1525 Clause 43; in this case the appellant's claim is that the Minister should not confirm the effect of the building preservation notice served by the local authority.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
§
Lords Amendment No. 182: In page 84, line 41, at end insert:
Where in consequence of listed building consent being revoked or modified by an order under Part II of this Schedule, compensation is payable in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that paragraph.
§ Mr. GreenwoodI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment is consequential on the Lords Amendment No. 65, which we accepted earlier and adapts, for the purpose of listed building purchase notices, Section 134(1) of the Act of 1962 which refers to ordinary purchase notices.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
§
Lords Amendment No. 185: In page 87, line 3, leave out "of this Act committed by him" and insert:
or 40 of this Act committed by him with respect to the said building
§ Mr. GreenwoodI beg to move, That this House doth agree with the Lords in the said Amendment.
Paragraph 20 of Schedule 3 preserves criminal liability for an offence committed under Clause 35, that is to say, carrying out unauthorised works to a listed building while a building preservation notice was in force, notwithstanding that the notice has lapsed. The Amendment makes similar provision for the case where there has been an offence under Clause 40, that is to say, a failure to comply with a listed building enforcement notice, during the currency of a building preservation notice.
§ Question put and agreed to.
1526§ Subsequent Lords Amendment agreed to.
§
Lords Amendment No. 187: In page 87, line 11, after "thereon" insert:
under Part IV of this Schedule".
§ 2.15 a.m.
§ Mr. GreenwoodI beg to move, That this House doth agree with the Lords in the said Amendment.
Paragraph 20 of Schedule 3 states that when a building preservation notice lapses, any listed building enforcement notices served while it was in force should cease to have effect, and that any proceedings on the enforcement notice should lapse. The Amendment makes it clear that the proceedings referred to are administrative proceedings, and not criminal proceedings in the case of an offence of failing to comply with a listed building enforcement notice under Clause 40.
§ Question put and agreed to.