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Lords Amendment No. 92: In page 47, line 15, leave out
with or without restrictions or conditions".
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
The new subsection (2) restates the power now in the Clause for a council having delegated planning powers to delegate further to one of its officers, and adds a further power for such a council to delegate to an officer of the local planning authority. Paragraphs (a) and (b) restate provisions already in the Clause and (c) makes express provision for withdrawal of delegation either in general or in respect of a particular application. The Opposition in the Commons were concerned to see this power made explicit. Paragraph (d) provides for the automatic withdrawal of authority delegated by the council to an officer employed by the local planning authority if that authority withdraws its consent to the delegation.
The new subsection (4) expands the present subsection (4) to cover cases of delegation by an authority to an officer of some other local authority, for which provision is made in the new subsection (2). The new subsection (5) ensures that 1477 a determination of an application falling within subsection (1) of the Clause, made by art officer with delegated powers, counts for all purposes as a determination of the delegating authority. It is right that if there is a dispute it is the authority which is to be pursued, not the officer, and this puts the prime responsibility where it should belong. This is very much in the interests of the officer undertaking the work.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
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Lords Amendment No. 95: In page 47, line 30, at end insert—
( ) an application for an established use certificate under section (Certification of established use) of this Act".
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment adds applications for established use certificates to the list of matters which may be delegated to an officer of a local authority. It is clearly appropriate to bring them within the range of matters which a local planning authority may choose to delegate to an officer.
§ Question put and agreed to.
§ Lords Amendment No. 96: In page 47, line 34, leave out paragraph (f).
§ Mr. SkeffingtonI beg to move, That this House doth agree with the Lords in the said Amendment.
The effect of the Amendment would be to exclude applications for listed building consent from the list of matters which local planning authorities may delegate to officers for decision. This was a backbench Amendment in another place which is acceptable. I think that the reasons for it are obvious.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.