HC Deb 02 July 1982 vol 26 cc1176-7

Lords amendment: No. 82, after clause 30, insert new clause E: E.—In section 119 of the Local Government, Planning and Land Act 1980

  1. (a) in subsection (1), for the words "The Peak Park Joint Planning Board and the Lake District Special Planning Board" there shall be substituted the words "A board constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972";
  2. (b) in subsection (2), for the words "The Boards" there shall be substituted the words "Any such board";
  3. (c) in subsection (3), for the words "the Boards were local authorities" there shall be substituted the words "any such board were a local authority"; and
  4. (d) the following subsection shall be added after that subsection—
(4) On being authorised to do so by the Secretary of State any such board shall have, for any purpose for which by virtue of this section they may acquire land compulsorily, the power to purchase compulsorily rights over land not in existence when their compulsory purchase is authorised which section 13 of the Local Government (Miscellaneous Provisions) Act 1976 confers on the local authorities to whom subsection (1) of that section applies, and subsections (2) to (5) of that section shall accordingly apply to the purchase of rights under this subsection as they apply to the purchase of rights under the said subsection (1).".

Mr. Macfarlane

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

New clause E amends section 119 of the Local Government, Planning and Land Act 1980, in two ways.

Section 119 confers various powers directly on two planning boards: the Lake District special planning board and the Peak park joint planning board. The two boards were reconstituted under schedule 17 to the Local Government Act 1972. Section 119 as enacted did not take account of the possibility that more planning boards could be established under section 1 of the Town and Country Planning Act 1971. The first thing which the new clause does, therefore, is to amend section 119 to remedy that omission.

The powers conferred on planning boards by section 119 relate to the compulsory acquisition of land. As enacted, the section did not confer on the boards the power to acquire compulsorily new rights over land under section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

The second thing that the new clause does, therefore, is to amend section 119 by the addition of a new subsection (4), which confers such power on planning boards.

Question put and agreed to.

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