HC Deb 15 December 1969 vol 793 cc937-8

3.51 p.m.

Mr. James Wellbeloved (Erith and Crayford)

I beg to ask leave to move the Adjournment of the House, under Standing Order No. 9, for the purpose of discussing a specific and important matter that should have urgent consideration, namely, the action of the Minister of Transport in invoking Section 91 of the Town and Country Planning Act, 1968, to authorise the stopping-up of certain roads within the parliamentary constituency of Erith and Crayford contrary to the law and against the public interest. I submit, Mr. Speaker, that this is a specific matter of urgent public importance. It is specific because a notice has been published in the newspapers circulating in the area on Friday, 12th December, in which the Minister of Transport states that he proposes to authorise the stopping-up of certain roads and, to quote from the advertisement, …to facilitate the movement of traffic on the road bridge between Harrow Manor Way and Knee Hilt. The advertisement setting out the notice was published on the authority of the Minister of Transport. It is, therefore, clearly within the administrative responsibility of a responsible Minister of the Crown.

The matter is urgent because the proposed Order is stated by the Minister as being taken under Section 91 of the Town and Country Planning Act, 1968. Section 91 provides that the Minister may authorise the stopping up of roads where (a) planning permission has been granted under Part III of the 1962 Town and Country Planning Act, or (b) where the Minister himself proposes to construct or improve a highway. There is no planning permission granted in respect of this highway nor has the responsible Minister made proposals to initiate the construction or improvement of the highway. Therefore, my submission is that the matter is urgent because the Minister is acting contrary to the law.

The Minister's action is a matter of public importance and interest in as much as it tends to prejudge the planning application to construct the bridge at Harrow Manor Way, despite the fact that a public inquiry is to be held into that planning application. It is clearly against the public interest that the outcome of a public inquiry should be prejudged by the Minister of Transport. The matter is vitally important because there is no other way in which I can bring this matter to the attention of the House before it rises for the Christmas Recess. The Minister's action will have taken place because the date of expiry of the notice of his action will have passed before the House resumes in January.

I submit that this is a specific matter of urgent public importance which clearly falls within the administrative responsibility of a Minister of the Crown for which there is no other means by which this House can consider the matter other than by an Adjournment under Standina Order No. 9.

Mr. Speaker

The hon. Member for Erith and Crayford (Mr. Wellbeloved) was courteous enough to inform me this morning that he might seek to raise a Standing Order No. 9 application on the matter about which he has spoken.

The hon. Member seeks to move the Adjournment of the House for the purposes of discussing a specific and important matter that he thinks should have urgent consideration, namely, the action of the Minister of Transport in invoking Section 91 of the Town and Country Planning Act, 1968, to authorise the stopping-up of certain roads within the parliamentary constituency of Erith and Crayford contrary to the law and against the public interest. As the House knows, under Standing Order No. 9 I am now directed to take into account the several factors set out in the Order, but to give no reason for my decision. I have listened carefully to the representations made by the hon. Gentleman, but I have to rule that the hon. Gentleman's submission does not fall within the provisions of the Standing Order and, therefore, I cannot submit his application to the House.

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