HC Deb 11 July 1975 vol 895 cc965-6

Lords Amendment: No. 2, in page 3, line 7, leave out subsection (2) and insert: (2) Where—

  1. (a) an owner of a protected site who is deemed to have complied with this section by virtue of paragraph (a) of the proviso to subsection (1) above subsequently acquires a new or extended estate or interest in the land comprising the site; or
  2. (b) an owner of a protected site is deemed to have complied with this section by virtue of paragraph (b) of the proviso to subsection (1) above and planning permission is subsequenly granted for the use of the land comprising the site as a site for mobile homes either without limitation or for a specified period,
the owner shall offer to extend the term of any agreement entered into in pursuance of a duty imposed on him by section 1 of this Act for a period which expires on whichever of the following dates first occurs:—
  1. (i) a date which is five years from the date on which the agreement commenced;
  2. (ii) the date when his estate or interest in the land ceases; or
  3. (iii) the date on which planning permission expires."

Mr. Tom King

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

This is a technical correction or improvement to the Bill. There was always the problem in this area of granting an agreement for five years and the query whether the owner had title or the the ability to make such a grant. The ownership or licence for a site can be affected by planning permission. If the permission is not for five years, there is a problem. This amendment clarifies the position. If somebody who is entitled to offer a shorter term commensurate with a planning agreement or licence has the period extended, it is right that the person who has received a shorter agreement, by virtue of the fact that the owner was not then in a position to give him his full entitlement, should be entitled subsequently to receive the full period if the owner is in a position to give it. I fully support the amendment.

Question put and agreed to.

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