HC Deb 24 June 1976 vol 913 cc1909-12

7.45 p.m.

Mr. Denzil Davies

I beg to move Amendment No. 138, in page 100, line 41, leave out from "behalf" to end of line 42.

Mr. Deputy Speaker

With this we may take the following amendments: Government Amendments Nos. 142 and 143.

No. 139, in page 100, line 41, leave out from "behalf" to end of line 42 and insert: properly associated with the acquisition of the relevant interest, whether incurred before, at the time of or after the said acquisition—". No. 140, in page 100, line 41, after "behalf", insert "in connection with or".

No. 141, in page 100, line 43, leave out: in enhancing the value of that interest being and insert: intended to be".

Mr. Davies

To some extent the amendments meet the point raised by the right hon. Gentleman in Committee. I said then that I had some sympathy with his case, but I think that the relaxation he was seeking would go too far. We have looked at the matter and discovered that my reservations were not entirely well-founded. Accordingly, the amendments meet some of the points that the right hon. Gentleman made in Committee.

Mr. Sainsbury

Perhaps I may take this opportunity to congratulate the Minister on his endurance. Some of us are not here all the time, but he seems always to be here, and nearly always to be speaking.

We are grateful for the Government amendments, since in Committee the Minister said that it was difficult to bring in legislation to take account of the situation then described. I am glad that he has been able to overcome the difficulty. The Government amendments are a great deal better than nothing. Accordingly, we would not wish to press our amendments.

Amendment agreed to.

Amendments made: No. 142, in page 100, line 43, leave out "that" and insert "the relevant".

No. 143, in page 101, line 12, at end insert: (4) Notwithstanding anything in subparagraph (1) above, if—

  1. (a) there is a deemed disposal and reacquisition of an interest in land, and
  2. (b) the time of acquisition—
    1. (i) of the relevant interest, or
    2. (ii) of an interest which, on the disposal of the relevant interest, is a part of the relevant interest for the purposes of Part I of Schedule 2 to this Act,
    is the time of that reacquisition,
expenditure which, on the deemed disposal referred to in paragraph (a) above or on an earlier deemed disposal of an interest in land, was reflected in the relevant base value of the interest disposed of is not expenditure on improvements in relation to the disposal of the relevant interest."—[Mr. Denzil Davies.]

Mr. Sainsbury

I beg to move Amendment No. 145, in page 101, line 24, after 'condition', insert: 'or there is associated with that permission any agreement with the planning authorities, or any other authority, statutory undertaker, charity or any other person or party, such condition or agreement being one'.

Mr. Deputy Speaker

With this we may take the following amendments:

  • Government Amendment No. 149.
  • No. 146, in page 102, line 19, after 'condition', insert' or agreement'.
  • No. 147, in page 102, line 23, after 'condition', insert 'or agreement'.
  • No. 148, in page 102, line 25, after 'condition', insert 'or agreement'.

Mr. Sainsbury

Government Amendment No. 149 is in response to points raised by my right hon. Friend the Member for Crosby (Mr. Page) on one of those occasions on which he is a great master—a "clause stand part" debate. I am glad the Government have responded and I hope the Minister can assure us that his amendment deals with the point raised by my right hon. Friend.

Mr. Denzil Davies

I gave an undertaking in Committee to look at this matter. The result of my review is Amendment No. 149, which meets the substance of Amendments Nos. 145 to 148, although they seem to go a little further than the Opposition went in Committee. I realise that this may be a drafting problem.

Mr. Sainsbury

I am grateful for that assurance. There is always a tendency for Oppositions to go a little further than necessary when they are attempting to draft amendments.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 149, in page 102, line 31, at end insert: '5A.—(1) Where, after the time of acquisition of the relevant interest or of an interest which is a part of the relevant interest for the purposes of Part I of Schedule 2 to this Act,—

  1. (a) planning permission was granted for the development of any of the land in which that interest subsists or subsisted, and
  2. (b) as part of an arrangement relating to the grant of that permission, the charge- 1912 able person enters into an agreement falling within sub-paragraph (2) below which contains a condition restricting or otherwise regulating the development or use of other land in which, at the time of the making of the agreement, the chargeable person held an interest,
paragraphs 3 to 5 above shall apply as if the condition referred to in paragraph (b) above were a condition subject to which the planning permission referred to in paragraph (a) above was granted and, accordingly, as if the interest referred to in paragraph (b) above were the affected interest, as defined in paragraph 3 above. (2) An agreement is one to which subparagraph (1) above applies if—
  1. (a) a public body is a party to it, and
  2. (b) it does not result in the receipt of any such sum as is referred to in section 3(2) of this Act and does not otherwise form part of the consideration for the disposal of an interest in land, and
  3. (c) it is enforceable, by or under any enactment, by the public body referred to in paragraph (a) above against persons deriving title under the chargeable person in respect of the land to which the agreement relates.
 (3) In this paragraph "public body" means
  1. (a) a body specified in any of paragraphs (a) to (d) of subsection (1) of section 11 of this Act; or
  2. (b) a Minister of the Crown or government department, including a department of the Government of Northern Ireland; or
  3. (c) a statutory undertaker, within the meaning of section 23 of this Act'.—[Mr Denzil Davies.]

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