Clause 179

HC Deb 19 July 1972 vol 841 cc809-10

DISCHARG OF FUNCTIONS OF PLANNING AUTHORITIES

Mr. Graham Page

I beg to move Amendment No. 1102, in page 116, line 3, leave out '10A' and insert '10C.

Mr. Deputy Speaker

With this Amendment we may discuss also Government Amendments Nos. 735, 736, 737, 1176, and 1103.

Mr. Graham Page

Amendments Nos. 1102 and 1176 are technical and consequential Amendments. Amendments Nos. 735 and 737 provide for the allocation of the functions of preparing local plans between county planning authorities and district planning authorities. Their purpose is to make clear that the formal responsibility for exercising all the functions under Sections 11 to 15 of the Town and Country Planning Act, 1971, in respect of any one local plan rests on one authority only.

This is exceptional in the Bill. Normally if one authority carries out the function of another as allocated in the Bill, the responsibility remains with the first authority and the second acts only as agent. As Amendment No. 735 shows, we have made an exception in this case.

A development plan scheme might have designated more than one authority responsible for the different stages of working that plan had we not tabled the Amendment; for example, one authority might have prepared the plan and another held an inquiry into the objections. We could not allow that to happen.

Amendment No. 737 achieves the same effect as Amendment No. 735 in relation to the allocation of local plan functions in a structure plan.

The effect of Amendment No. 736 is simply to require the county planning authority to send a copy of the development plan scheme to the Secretary of State, merely to inform the Secretary of State who is responsible for drawing the local plan, not to obtain his approval of that scheme. It is only if the two do not agree that it comes before the Secretary of State.

Amendment No. 1103 includes the power of the Secretary of State to make regulations coming into operation before 1st April, 1974. This is a normal regulation power to make regulations before the full Statute comes into effect.

Amendment agreed to.

12.30 a.m.

Amendments made: No. 735, in page 116, line 13, leave out from 'plans' to end of line 23 and insert— 'for those areas in the county in which sections 11 to 15 of this Act are in force, except any part of the county included in a National Park, and—

• (a) the scheme shall designate the local planning authority or authorities (whether county or district) by whom local plans are to be prepared for any such area and provide for the exercise of all functions of a local planning authority under those sections in relation to any such plan exclusively by the authority designated in relation to that plan; and'—

No. 736, in page 116, line 42, at end insert— (3A) As soon as practicable after making or amending a development plan scheme the county planning authority shall send a copy of the scheme or the scheme as amended, as the case may be, to the Secretary of State— No. 737, in page 116, line 46, leave out from beginning to 'and' on page 117, line 2, and insert— 'preparation of local plans exclusively by the county planning authority and, where it so provides, shall also provide for the exercise exclusively by that authority of all other functions of a local planning authority under sections 11 to 15 of this Act'—

No. 1176, in page 117, line 29 [Clause 179], leave out '10A' and insert '10C'.

No. 1103, in page 117, line 32, leave out from 'may' to end of line 33 and insert— 'before that date exercise his power of giving directions under subsection (5), and of making regulations under subsection (7), of that section'.—[Mr. Graham Page.]