HC Deb 23 October 1968 vol 770 cc1485-7

Lords Amendment No. 127: In page 54, line 16, leave out Clause 63 and insert new Clause "I": I.—(1) Except as provided by subsection (2) below, statutory undertakers shall not be entitled to compensation in respect of a decision mentioned in section 170(I)(a) or (b) of the principal Act (right to compensation in respect of certain decisions and orders) where that decision is made after the commencement of this section. (2) Subsection (1) above shall not apply to compensation in respect of a decision made in accordance with section 159 of the principal Act refusing planning permission for the development of operational land, or granting such permission subject to conditions, where—

  1. (a) planning permission for that development would have been granted by a development order by for a direction given under such an order that planning permission so granted should not apply to the development; and
  2. (b) it is not development which has received specific parliamentary approval (within the meaning given to that expression by section 61(3) of this Act).
(3) Section 119 of the principal Act (compensation on refusal of planning permission or its grant subject to conditions) shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

Read a Second time.

Mr. Greenwood

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

This is one of the most important provisions in the Bill as it has come back to this House. Hon. Members will recall that we spent a great deal of time discussing compensation payable by local authorities to statutory undertakers when planning restrictions were imposed upon their developments. On Report, it was agreed that the undertakers' entitlement to compensation should be halved in two kinds of cases, but although this move was welcomed, I think that most hon. Members had some misgivings about the form of the Clause as it left this House. For one thing, it did not change the outcome of cases like that of the Abingdon gasholder, which is a historic planning case.

I am glad to see that the hon. Member for Abingdon (Mr. Neave) is in his place. When we were discussing the Abingdon case, he played a very active and helpful rôle, as did the local authorities concerned and the gas board. After a great deal of patient negotiation, we negotiated the 50–50 settlement.

But the case for abolishing the right to compensation altogether is strong. The Clause which we sent from this House was defeated in another place and replaced by a Clause which simply abolished compensation altogether in the two kinds of cases where the defeated Clause would have limited it. In considering what action to take the Government bore in mind the strong views which had been expressed in both Houses, and I am very happy to commend the new Clause to the House.

Mr. Airey Neave (Abingdon)

I should like to thank the right hon. Gentleman for what he said about the part which I played in the Abingdon gasholder dispute. The House should know that it was on the right hon. Gentleman's personal intervention that we reached the settlement we reached, which was about 50 per cent. of what the Southern Gas Board could have obtained from the Borough of Abingdon and Berkshire County Council. I do not think that the former chairman, now retired, of the Southern Gas Board can possibly have foreseen the events which he would set in train when he attempted to bully the Borough of Abingdon into paying the full amount of compensation.

I am very glad that good sense and fair play have prevailed in this case, which is of great importance to all local planning authorities and all those who seek to preserve the amenities and beauties of architecture in this country.

Mr. Graham Page

I would like to join in the tributes to my hon. Friend the Member for Abingdon (Mr. Neave), for his part in this, and also pay tribute to the Minister, who has been very concerned and careful over this. If I may, I would also pay a tribute to the previous Minister of State. We miss him on occasions like this. He went into this matter very thoroughly in Committee and we also discussed it on Report. It is very satisfactory that a Clause like this has now emerged, to everyone's approval. I am sorry that the Minister of State is not here, to rejoice with us in having found a solution.

In this ministry, Ministers of State come and go. I hope that they will not pass as quickly as they have done previously, and that we shall enjoy the new Minister of State for a nice long time, at least as long as the Government remains, which, I hope, will not be a long time.

Question put and agreed to.