HC Deb 23 October 1968 vol 770 cc1514-5

Lords Amendment No. 164: In page 70, line 25, leave out: Part I of this Act (including this Schedule" and insert "this Act".

Mr. Greenwood

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

The effect of this Amendment is to ensure that the Greater London Development Plan will be treated as a structure plan for all purposes of the Bill rather than just for the purposes of Part I. This is of particular significance with respect to Part IV of the Bill, which adapts existing blight provisions to the new system of structure and local plans. It is clearly desirable that if the Greater London Development Plan is to be treated as a structure plan, all the related provisions should apply. The Amendment achieves that.

Question put and agreed to.

Lords Amendment No. 165: In page 71, line 21, after "5" insert ",6".

Mr. Greenwood

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

The effect of this Amendment is to ensure that proposals for alteration of the structure plan for a London borough shall follow the same procedure as the original plan coming to the Minister through the G.L.C.

Question put and agreed to.

Lords Amendment No. 166: In page 71, line 34, after "area" insert: or is to be treated as an action area".

Mr. Greenwood

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

This and Lords Amendment No. 167: In page 71, line 41, after "area" insert: or for an area which is to be treated as an action area".

are drafting improvements to make clearer a point in two detailed applications of Part I of the Bill to Greater London.

Question put and agreed to

Subsequent Lords Amendment agreed to.

"A.—1. An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Minister, by him.
10 2. Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular,—
15 (a) for requiring the authority to give to any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;
20 (b) for requiring the authority to give to the Minister and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.
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30 3.—(1) A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in paragraphs (a) to (d) of section 16(1) of the principal Act (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application, or has tried to do so) and any such order may-
35 (a) include requirements corresponding to section 16(2) and (3) (contents of certificate), section 16(4) (planning authority not to determine application for a certain period) and section 17(3) (duty of planning authority and Minister on appeal to take into account representations by owners, tenants, etc.) of the principal Act; and
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(b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.
45 (2) If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
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Provisions with respect to grant of certificate
55 4. An established use certificate shall be in such form as may be prescribed by a development order and shall specify—
(a) the land to which the certificate relates and any use thereof which is certified by the certificate as established;
60 (b) by reference to the paragraphs of section (Certification of established use) (1) of this Act, the grounds on which that use is so certified; and