HC Deb 24 June 1976 vol 913 cc1922-4
Mr. Ian Stewart

I beg to move Amendment No. 253, in page 108, line 30, at end insert— '(c) where, on the facts, it appears to the Board or on Appeal to the Commissioners, that, on an appeal against refusal of a planning application before 12th September 1974 it could be reasonably expected that a development would be permitted, then the value attributable to the land following that technical refusal shall be treated as stock-in-trade on 12th September 1974.'

Mr. Deputy Speaker

With this we may take Government Amendments Nos. 158 to 164.

Mr. Stewart

Government Amendment No. 158 appears to deal with the same basic point as we raised. I invite the Minister to confirm that.

Mr. Denzil Davies

I do confirm that. Government Amendment No. 158 meets the point raised in Amendment No. 253.

Mr. Stewart

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: No. 158, in page 109, line 2 at end insert— '(2A) For the purpose of determining what planning permission was in force on 12th September 1974 in a case where—

  1. (a) by virtue of the default provision, the appeals provision applies in relation to an application as if the permission or approval to which the application relates had been refused on or before that date, and
  2. (b) the applicant does not exercise the right of appeal given to him by virtue of the default provision but makes a further application which does not differ in any significant respect from the application referred to in paragraph (a) above,
a decision of a planning authority or, in Northern Ireland, of the Department of the Environment for Northern Ireland made after that date on the application referred to in paragraph (b) above shall be treated for the purposes of the principal section and the preceding provisions of this paragraph as having been made immediately before that date'.

No. 159, in line 3 leave out 'subparagraph (1)(b) above' and insert 'the preceding provisions of this paragraph'.

No. 160, in line 4, leave out `the' and insert 'any'.

No. 161, in line 8, leave out "and" the appeals provision"' and insert '"the appeals provision" and "the default provision"'

No. 162, in line 9, leave out and 36 and insert '36 and 37'.

No. 163, in line 11, leave out and '33 and insert 33 and 34'.

No. 164, in line 13, leave out and 23 and insert 23 and 24'.—[Mr. Denzil Davies.]

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