HC Deb 23 October 1968 vol 770 cc1493-4

Lords Amendment No. 131: In page 56, line 31, leave out subsection (3) and insert: (3) In applying section 13(5), (6) and (8) of the principal Act (factors relevant for determining whether planning permission is required for resumption of use following the expiration of a limited planning permission) no account shall be taken of any contravention of previous planning control other than contravention of the provisions of Part III of the Town and Country Planning Act 1947; and accordingly—

  1. (a) in both section 13(6) and 13(8), for the words 'or in contravention of previous planning control' there shall be substituted the words 'or in contravention of the provisions of Part III of the Act of 1947'; and
  2. (b) section 13(10) shall cease to have effect."

Mr. Skeffington

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

Perhaps we could conveniently consider now also Lords Amendment No. 242 to Schedule 8.

The point, briefly, here is that when Clause 65 of the Bill was considered in Standing Committee there was some criticism that it was difficult to understand. I hope we have improved the wording. The main point about subsection (3) of the Clause as originally drafted was to do away with the need in the context of this Bill to go back to whether or not the use was lawful or unlawful before 1st July 1948.

As the Bill left the Commons, this certainly was not right. We hope that now the Amendment provides that lawfulness or otherwise of the use begun before 1st July is not now required for these purposes.

Question put and agreed to.