LISTED BUILDINGS AND CONSERVATION AREAS (Hansard, 3 November 1986)

§ Mr. Tracey
I beg to move, that this House doth agree with the Lords in the said amendment.

§ Mr. Speaker
With this it will be convenient to take amendments Nos. 137, 145, 147 to 149, 232, 234 to 240, 243 and 244.

§ Mr. Tracey
This group of amendments does not need much explanation. Amendments Nos. 135, 137, 145 and 147 to 149 are simply additions or drafting amendments to the list of items in clauses 28 and 36, which are the subject of amendments to schedule 7, parts I and II.
Amendment No. 232 replaces the amendment tabled in Committee by my hon. Friend the Member for Chipping Barnet (Mr. Chapman) with a revised version that keeps the good points of my hon. Friend's amendment but removes the parts that were unacceptable to us snd strengthens the subjection generally. There are some occasions when demolition is the only way of making a building safe quickly, and we considered that it was wrong to remove the defence given by section 55(6) entirely if demolition has taken place. We trust that the new wording will reduce the opportunities for abuse of the defence. Amendment No. 240 is a similar amendment to the Scottish provisions.
In addition, in England and Wales, through amendment No. 234, we have taken a power to require authorities to consider using their repairs powers before seeking a dangerous structures notice or order and we made it clear that such orders or notices do not override listed building control.
Amendment No. 238 and the consequential amendment No. 239 fulfil a promise given to the Historic Buildings and Monuments Commission for England that there would be a statutory requirement to consult it before 772 a direction is made leaving decisions on listed building consent cases to authorities to decide. Amendments 235, 236, 237 243, and 244 are technical amendments adding section numbers of the Town and Country Planning Act 1971 and the Town and Country Planning (Scotland) Act 1972 to the lists of sections which may be applied to unlisted buildings in conservation areas.

§ Mr. Chapman
It would be ungenerous of me if I did not thank my hon. Friend the Minister once again for being sympathetic and for considering the criticisms I made of the Bill in Committee. He has examined those parts of what I said that he felt he could accept and those which, on balance, he felt he could not accept. It would be extremely pettifogging and carping of me to insist that my original amendments should be carried. My hon. Friend has got it right and it is purely a matter of detail if we disagree on the exact interpretation of some of the details.