§ Order of the Day for receiving the Report of Amendments read.
§ THE LORD CHANCELLORMy Lords, I beg to move that the Report be now received. May I make the observation that I have put down Amendments to the Bill to be moved on Report? They 152 will make changes in the Bill that are really designed to meet points which were strongly urged in Committee. I do not think they will be opposed, but I wish to call attention to the fact that they are made to meet some difficulties which have been felt in certain quarters.
§ Moved, That the Report be now received.—(The Lord Chancellor).
§ On Question, Motion agreed to; Amendments reported accordingly.
§ Clause 2 [Refusal and postponement of interim development applications]:
§
THE LORD CHANCELLOR moved, at the end of the clause, to insert:
(5) Nothing in this section shall be construed as affecting the duty of an interim development authority—
§ The noble and learned Viscount said: My Lords, this Amendment is designed to meet, as far as practicable, the views expressed by Lord Bledisloe in Committee. It does not give effect to the suggestion that the applicant should be entitled, where any opposition has been made and his application is therefore deemed to be refused, to learn from the local authority whether they have any objection to the development being carried out. It would be difficult to make provision for this purpose for the reason I gave on Committee stage—namely, that ex hypothesi the planning authority have at the material time not considered whether they have any objection or not. If further provision were made for this purpose it would appear necessary to give them a substantial period, of the order perhaps of two months, in which to make up their minds on the subject. That would cause considerable delay and inconvenience and would not dispense with the necessity for a formal appeal to the Minister. It seems best, therefore, to rely on the procedure of appeal to the Minister. When an appeal is lodged the Minister will at once require the interim development authority to state in writing 153 what objections they have to the appeal, and as soon as the objections are received they will be transmitted to the applicant.
§ At the same time, as your Lordships will see by the proposed Amendment, I suggest that we should insert in the Bill provisions which will make it plain that it is the duty of the interim development authority to take into consideration with reasonable dispatch all interim development applications made to them, and to give notice to the applicants of their decision on the consideration of any such application and to state reasons for their decision. That, I think, was the spirit of the comment made by the noble Viscount, Lord Bledisloe, and though I know it does not meet the full extent of his request I believe the Amendment will to a considerable degree give him and others satisfaction. I beg to move.
§
Amendment moved—
Page 3, line 30, at end insert the said new subsection.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 8:
§ Interim protection of trees and woodlands.
§ 8.— (1) If it appears to any interim development authority that it is expedient, having regard to any provision proposed to be inserted in the scheme in accordance with Section forty-six of the principal Act, to make provision for the preservation of trees or woodlands during the period pending the coming into operation of that provision, they may for that purpose make an order (in this Section referred to as an "interim preservation older") with respect to such trees, groups of trees or woodland areas as may be specified in the order or as may for the time being be designated by the interim development authority in accordance with 1he order; and, in particular provision may be made by any such order—
§ (c) for the imposition of pecuniary penalties, recoverable in a court of summary jurisdiction, in respect of contraventions of the order.
§ THE LORD CHANCELLORMy first Amendment to Clause 8 is a drafting Amendment and I hardly think your Lordships will wish me to explain it at length. I beg to move that the Amendment be made.
§
Amendment moved—
Page 9, line 18, after ("prohibiting") insert ("(subject to any exemptions for which provision may be made by the order)").— (The Lord Chancellor.)
§ On Question, Amendment agreed to.
154§ THE LORD CHANCELLOR moved to add to paragraph (c) of subsection (1), "not exceeding the sum of fifty pounds and, in the case of a continuing offence, forty shillings for each day during which the offence continues after conviction." The noble and learned Viscount said: My Lords, this Amendment is intended to meet a criticism which I think the noble Lord, Lord Nathan, in particular, put forward in Committee. It was said that if you allowed by reference an authority to impose a penalty it was not usual to give them an unlimited power and that there ought to be some limitation in the Statute. I said at the time that I had a good deal of sympathy with that view. The limit must be a substantial one, of course, and that is why £50 is mentioned. I think in the circumstances that is reasonable. By inserting this Amendment Parliament itself to that extent will control the maximum penalty which can be imposed.
§
Amendment moved—
Page 9, line 28, at end insert ("not exceeding the sum of fifty pounds and, in the case of a continuing offence, forty shillings for each day during which the offence continues after conviction ").—(The Lord Chancellor.)
§ LORD HEMINGFORDMy Lords, may I ask whether the Government have considered the point which was raised on Clause 5? I think the noble and learned Viscount followed my suggestion with regard to the use of the word "salvage" that we should add the word when altering the others. If the words were to read "waste materials or refuse or salvage" I do not think it would be open to the objection which was raised to substituting "salvage" for "waste paper."
§ THE LORD CHANCELLORMy Lords, that is going back a little—we are now on Clause 8—but in courtesy I will answer the noble Lord. I did consider the suggestion, with those who advise me, and we think that on the whole it is better to keep the same form of words as is used in the principal Act.
§ On Question, Amendment agreed to.