HL Deb 14 February 1946 vol 139 cc580-2

5.20 p.m.

Amendments reported according to order.

Clause 2:

Power to sanction war-time non-compliance with building laws or planning control.

(3) Where the authority determine that works or a use fail to comply as aforesaid they shall further determine whether the works or use notwithstanding the failure, be deemed so to comply, either unconditionally or subject to such conditions as to the time for which the works or use may be continued, the carrying out of alterations, or other matters, as the authority think expedient.

LORD HENDERSON moved, in subsection (3), after "whether," to insert "having regard to all relevant circumstances." The noble Lord said: My Lords, this Amendment will give effect to the objection explained by the noble and learned Viscount Lord Maugham, in the Committee stage of the Bill when he moved a longer Amendment. As I stated at the time, the Bill as it stands will empower the local authority or the Minister on appeal to reach a decision having regard to all relevant circumstances. As your Lordships will remember, my assurance did not remove all doubt. The noble and learned Viscount and other noble Lords remained of the opinion that there would be advantage if the Government were to insert in the Bill words such as those which are now proposed to be included. The noble and learned Viscount also urged that the matter should be reconsidered, and although I gave no pledge at the time I felt it was only right that the matter should be reconsidered. The reset is this Amendment and the two later Amendments on the Paper. I will only add that I hope the noble and learned Viscount will be able to regard the insertion of these words as a reasonably satisfactory response to his appeal. I beg to move.

Amendment moved— Clause 2, page 2, line 40, after ("whether") insert ("having regard to all relevant circumstances").—(Lord Henderson.)

VISCOUNT MAUGHAM

My Lords, I must thank the noble Lord very sincerely for having taken almost the last possible opportunity for putting words into the Bill which substantially I think, carry out my object. We have got to remember that this is a very singular measure, due to war that we hope will not occur again in our lifetime, and it has had the result that buildings and works of great importance have been put up in various parts of the country with some disregard of provisions which would have been remembered in peace time, and that the time for objecting to these works has gone by. I am not for one moment suggesting, at any rate now, that the Bill was unnecessary, but I think it is necessary, and I told your Lordships on the previous occasion that I felt it was very important, that before serious orders were made with regard to works and buildings and the use of land by authorities responsible for enforcing by-laws or planning control, the fullest possible consideration should be given in particular to the circumstances in which the buildings were erected or in which that use was begun. Of course, being only human I prefer my form of Amendment to that which the noble Lord has accepted, but I think that the noble Lord's words would carry out the desire which I have in mind and I have great pleasure in saying that so far as I am concerned, I am satisfied.

On Question, Amendment agreed to.

LORD HENDERSON

My Lords, the next Amendment is consequential. I beg to move.

Amendment moved— Page 3, line 43, after ("proper") insert ("having regard to all relevant circumstances")—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

My Lords, the next Amendment is also consequential. I beg to move.

Amendment moved— Page 4, line 21, at end insert ("having regard to all relevant circumstances").—(Lord Henderson.)

On Question, Amendment agreed to.

Clause 3:

Supplementary provisions as to enforcement.

(4) Subject to the provisions of subsection (1) of Section one of this Act and of the last foregoing subsection, the time within which a notice of irregularity may be served under subsection (2) of Section eighty-nine of the London Building Acts (Amendment) Act, 1939, in respect of works carried out during the war period shall be the expiration of twelve months from the end of that period or the time limited by the said subsection (2), whichever is the later.

LORD HENDERSON moved, in subsection (4), to leave out "last foregoing subsection"and insert" two last foregoing subsections."

The noble Lord said: My Lords, the next Amendment is to repair a drafting oversight. Subsection (4) should obviously be subject to the provisions not only of subsection (3) but of subsection (2). I beg to move.

Amendment moved— Page 6, line 6, leave out ("last foregoing subsection") and insert ("two last foregoing subsections").—(Lord Henderson.)

On Question, Amendment agreed to.

5.29 p.m.

House adjourned during pleasure.

House resumed.