EXCEPTED CLASSES OF DEVELOPMENT.

HL Deb 07 July 1947 vol 150 cc32-94

PART I.

DEVELOPMENT INCLUDED IN EXISTING USE FOR PURPOSES OTHER THAN COMPENSATION UNDER S. 19."

The noble and learned Viscount said: This Amendment is little more than a drafting Amendment. It is to try to make clear the matters with which we are dealing here that I suggest this new heading, "Excepted Classes of Development." I propose to divide this Third Schedule into two Parts. The first Part is "Development included in existing use for purposes other than compensation under Section 19." This illustrates the fact that you have no development charges to pay, but it goes a good deal further than that. For instance, if your land is being compulsorily acquired, the purchase price which you are entitled to receive must be assessed upon the basis that you have the right to do the various things laid down in this Third Schedule. If you are claiming a share of the £300,000,000 under Part VI, the figure at which you rank must also be assessed having regard to the fact that you have the right to do these things. Also, of course, it comes in with regard to development charge. There is this differentiation in the Schedule. As a rule most of the things in this Schedule attract also the right to receive compensation under Clause 19, but that is not so with regard to all of them. Therefore, I have now put the matters with which the Schedule deals into two classes, those which do not attract compensation under Clause 19 being the first group, and those which do being the second group. All the other respects which I have mentioned are common to both parts of the Schedule. I think the Amendment makes it a little plainer, and accordingly I beg to move.

Amendment moved— Page 131, line 15, leave out lines 15 and 16 and insert the said new words.—(The Lord Chancellor.)

LORD LLEWELLIN

We have no objection to this Amendment.

On Question, Amendment agreed to.

LORD LLEWELLIN moved in paragraph 1 to leave out "cubic content" and insert "floor space." The noble Lord said: My Amendment seeks to substitute for the words "cubic content" the words "floor space." We are dealing here with a part of the Schedule which allows the, cubic content of a building to be increased by not more than one-tenth without paying any development charge therefor. I quite see that there is much to be said on both sides as to whether you have cubic content or floor space, but if you are adding to a building such as a house or cottage you may well find that in order to get the extra floor space for beds, cupboards or whatever it is, and to get it without any development charge, you will have to skimp the height of your rooms. That is bad and it gives less airy rooms. Therefore, I have a great preference for floor space as the test. It is quite true that in some cases, where a large and ancient house is being converted, the cubic content test would be a better one. For instance, if there is a high room like this Chamber, you might well make it into two or three by putting in different floors. In that way you could get greater floor space quite easily by having your ceilings very much lower. The cases in which I am interested are the additions to the small houses, where you are liable, I believe, if you take the cubic content test, to find that rooms are built with low ceilings.

The matter is even more important, in my view, when we come to deal with factory space. Factory space is always assessed for selling purposes by the square foot. The reason for that is quite obvious; it is because what you want to see is how many machine tools you can get in, or what floor area you can get for people to work in. Here again if you restrict the building to cubic content I believe that you will be liable to get lower factory ceilings than you would otherwise get. That would be to the disadvantage of people working in these factories. I do not know why cubic content should be taken in this particular instance. It would be far better to have the floor space especially in the case of factories. It is for these reasons that I beg to move.

Amendment moved— Page 131, line 22, leave out ("cubic content") and insert ("floor space").—(Lord Llewellin.)

THE LORD CHANCELLOR

I do not think this would be a good idea, certainly as far as ordinary houses are concerned, because I am advised by the surveyors that cubic content is very much easier than floor space to deal with, for the reason that when you are dealing with cubic content you have to make your measurements from outside the house. If you are dealing with floor space you have to go inside—and we do not want a lot of "Nosey Parkers" going inside houses to measure floor space.

Then the question of what was included in "floor space" is rather arbitrary. Do you include passages? Do you include the portion that leads up to a bow window? You have to have all sorts of rules as to what is and what is not "floor space," and to see that that applies equally all over the country. And if you are considering a tolerance, you are allowed to build—according to the Amendment—10 per cent. in addition to your existing building. If you are going to disregard height and consider floor space, the fellow who has a high good building is going to lose, because his tolerance automatically becomes less. Factories are generally sold on floor space, and there may be some case for it in regard to factories. I have not had any advice from my experts, but I will ask them between now and Report stage whether or not there is anything to be done here as far as factories are concerned. But I think it would be undesirable a far as ordinary buildings are concerned.

LORD LLEWELLIN

I am much obliged to the noble and learned Viscount. I think he will find that in regard to factories we probably ought to have floor space. I am grateful to him for saying that he would look into it. In the circumstances, I beg leave to withdraw my Amendment.

Amendment, by leave, withdrawn.

THE LORD CHANCELLOR moved, in paragraph 1, after "exceeded" to insert: in the case of a dwelling house, by more than one tenth or fifteen hundred cubic feet, whichever is the greater, and in any other case. The noble Viscount said: This deals with something your Lordships have been asking for. I am proposing an addition in the case of dwelling houses by more than one-tenth, or 1,500 cubic feet, whichever is the greater, so that you get your tolerance up to 1,500 cubic feet, in which you can build without any obligation to pay development charge. This is what noble Lords wanted, and I hope it will satisfy them.

Amendment moved— Page 131, line 23, after ("exceeded") insert the said words.—(The Lord Chancellor.)

THE EARL OF RADNOR

I am not quite clear on one point. The noble and learned Viscount said that you cannot see the cubic content of a building from the outside. I am not certain whether cubic content includes walls or not. If not, the noble and learned Viscount has given us a possible addition of two rooms ten feet by ten feet by seven feet six inches but if he does include walls, there are two rooms of eight feet six inches by eight feet six inches by seven feet six inches. That is a very considerable difference. I think ten feet by ten feet by seven feet six inches is the minimum addition which should be exempted from development charge. If you reduce it by one foot six inches each way it makes a very considerable difference.

LORD LLEWELLIN

I should have thought that cubic content was what was contained within the walls that form a building. I do not know what else it can be. I have an Amendment down which seeks the same thing in a slightly different way. This is a very important matter, chiefly in the countryside, but also to a certain extent in the towns. Some of the out of date cottages should be capable of being brought up to date by the addition of two rooms and a bathroom without the landowner being called upon to pay development charge. If development charge were levied on this small development there would be many people who would not wish to put these cottages right—and all of us want to see them put right and many landowners want to do it.

THE LORD CHANCELLOR

In answer to the noble Earl, Lord Radnor, I confess I am not quite sure, but I can give him some consolation. Suppose he extends slightly the 1,500 cubic feet and builds say 1,700 cubic feet, he would observe that in this concession I have made development charge would be paid only on the difference between the 1,500 and the 1,700 feet. It would therefore be a very small matter whether the walls were included or not.

THE EARL OF RADNOR

I am much obliged to the noble and learned Viscount.

LORD LLEWELLIN

We want to ensure that these things do not have to go through all the difficulty of reporting to the Central Land Board. I should like to know what the definition "floor space" really includes and whether the Government really knows what "cubic content" really means.

THE LORD CHANCELLOR

I should have thought that the cubic content of a building was the inside of a building. I should have measured the inside dimensions and have given the result as the cubic content; I should have not have made allowance for the thickness of the walls.

LORD BALFOUR of BURLEIGH

I should have said that the cubic content of a building was that shown on the plan, taking in the outside measurements.

LORD COURTHOPE

One often sees buildings quoted at so much per foot cubic. That includes walls, and I think the foundations. It certainly includes roof and walls.

On Question, Amendment agreed to.

THE LORD CHANCELLOR

There is another concession which I am giving to your Lordships and which I hope meets with your approval. I beg to move.

Amendment moved—

Page 131, line 23, at end, insert: ("2. The use as two or more separate dwellinghouses of any building which on the appointed day was used as a single dwelling-house.

PART II.

DEVELOPMENT INCLUDED IN EXISTING USE FOR

ALL PURPOSES.")

—(The Lord Chancellor)

LORD LLEWELLIN

I am very glad about this. I think, again, this is a great improvement on the Bill as drafted. It is a point that a number of us made in the course of previous discussions on the Bill, and I happen to have put down an Amendment, as your Lordships will see further down on this page, which was to do very much the same thing. The point about this is that now these words are being inserted there will not be that discouragement there otherwise might have been for people converting larger houses into two or three separate dwelling-houses, and so being able to house more families in the same structure. I am quite certain it was wise for the Government to accept this Amendment. I thank them for doing it, and I think it is one of the ways, on which we can pride ourselves in this House, of having improved this Bill.

On Question, Amendment agreed to.

4.12 p.m.

THE LORD CHANCELLOR moved, in paragraph 2, after "exceeded,' to insert: in the case of a dwelling house, by more than one tenth or fifteen hundred cubic feet, whichever is the greater, and in any other case.

The noble and learned Viscount said: This is the same Amendment in this Part as we had in the other one, and it refers to "one-tenth or 1,500 cubic feet, whichever is the greater." I would just add what I think your Lordships would like to know, that we have had discussions with the National Farmers' Union. We have power, as your Lordships remember, under Clause 66 (2) (b), to make regulations, with the consent of the Treasury, exempting certain particular uses. With regard to new agricultural cottages which are entitled to receive the subsidy, under the Agricultural Subsidy Act, or whatever the Act is, they get the subsidy so long as they are inhabited by agricultural workers. They do not get the subsidy, of course, if they are inhabited by week-enders from London, or anything of that sort.

What we propose to do—or what we hope we shall be able to do—under Clause 66 (2) (b) is this: So long as an agricultural house is to receive a subsidy under that Act, we shall not exact a development charge for the building of that house. We could work it in this way, I think. We could put on a notional development charge, not to be a lump sum, but to be an annual payment spread over a number of years, with what I might call a moratorium saying that payments should not become payable so long as the house was inhabited by an agricultural labourer. In that way we shall find the means of not having to exact a development charge in respect of those people who put up agricultural houses for the housing of agricultural labourers; and I hope—though I cannot promise—we may go further in those powers than the 1,500 feet. If it is right to say that if you are building a new house for an agricultural labourer you may in this way waive the payment of a development charge, so also it seems to me an irresistible case to say that, if you are enlarging an existing house, albeit above the 1,500 feet, for an agricultural labourer, you ought not to levy a development charge on that.

Though I do not make a definite promise, I hope and believe that we shall find means in our regulations under Clause 66 of doing the same thing with regard to an enlargement of a house. That, of course, would have this result, that so far as agricultural workers are concerned, whether you include the walls or not will not matter, because if this is done, so long as it is inhabited by an agricultural labourer you can have what tolerance you like within reason. That is the scheme I have got in mind. The difficulty is to devise a scheme whereby this thing is only applicable if the house is really and genuinely used by an agricultural worker. We think it quite wrong that we should exempt houses for development charge if they are going to be used for other purposes, and I think your Lordships will agree. If we can devise a form of words in the scheme to do that, the present intention is to do it both with regard to new houses and also enlarging existing houses. For the moment all I need say is that I am putting tins case into the Bill. It is this tolerance of fifteen hundred feet which corresponds to the tolerance I put in in the first part of the Schedule, which, of course, relates to house; which have been knocked out by war damage.

Amendment moved— Page 131, line 29, after ("exceeded") insert the said words.—(The Lord Chancellor.)

EARL DE LA WARR

I am not quite sure if in following the noble and learned Lord Chancellor I am digressing slightly from the point of the Amendment. He did give us rather an important assurance at least in part. I gathered that it really amounted to this, that in so far as the new cottage is put under a contract of tenancy, that is not what we call a service cottage, it will be embraced in his assurance.

THE LORD CHANCELLOR

No, it is rather this: If it is attracting a subsidy under the Housing (Miscellaneous Financial Provisions) Act of 1946, then it ought not to pay a development charge.

EARL DE LA VVARR

That confirms what I said, because the service cottage does not attract subsidy and, therefore, if a landowner puts up a cottage on his own which is a service cottage, and receives no subsidy, he will then have to pay a development charge. I would ask the noble and learned Viscount if he would perhaps look at that point because it means that the landowner who is putting up a cottage, in possibly a remote area, in which the local authority is not interested, and where the cottage has really to be a service cottage, will be subject to a development charge. The noble and learned Viscount has made a concession and we are grateful for it, but I would like the other point to be looked into if possible. I think he gave us what I think he called an assurance to look into the question of enlargement. He said that he was unable to give a definite assurance on that point. Perhaps he would, however, he able to give us something more definite at the Report stage or some later stage of the Bill, because this is a point that is still causing some anxiety.

THE LORD CHANCELLOR

We do not contemplate putting this in the Bill, but we contemplate trying to get some regulations under Clause 66 of the Bill which, of course, will come into being after the Bill is passed. We contemplate doing it there if we can. The difficulty is to be sure that you only allow this greater tolerance where you do have a genuine occupation by an agricultural labourer. It is easy enough to say "wherever you are attracting a subsidy." That is one of the conditions of the subsidy, but whether we can do it apart from that is a difficult matter which we will look into, but it will be done by regulations under Clause 66.

EARL DE LA WARR

I appreciate that, but perhaps the noble Lord could tell us later whether he thinks his efforts to devise some form of words to go into the regulations have been successful.

THE LORD CHANCELLOR

I am afraid I shall be much too busy to do anything like that. I cannot even attempt to trace in embryo the regulations under Clause 66. All I can tell you is what our present intention is if we can work out the appropriate form of words at a later stage.

THE EARL OF RADNOR

There are two points that I would like to raise on this. First of all there is the question of the tied cottage. But there is also the point that the definition "agricultural labourer" is rather a narrow one. In the countryside a lot of men are necessary to the proper working of agricultural land, not only agricultural labourers, but bricklayers, carpenters, estate workers of all sorts. Where a cottage is occupied by such a person could it not be included? I understand that this is going to be further considered when regulations under Clause 66 (2) (b) are being drafted, and, presumably, we shall have a chance, when these regulations come out, to consider them in detail. I hope that when the noble and learned Viscount is considering them he will bear that particular point in mind, because it is becoming increasingly important, as more and more legislation defines agricultural labour and leaves out of the definition various classes of estate workers.

LORD O'HAGAN

I should like to support what the noble Earl, Lord Radnor, has said very strongly. This is a point of real substance to the countryside. If one looks at the interpretation in Clause 114, it does not seem to cover all the people who are engaged in and necessary for the proper conduct of affairs in the countryside as described by Lord Radnor. I do hope that the noble and learned Viscount will pay particular attention to this point.

THE LORD CHANCELLOR

If we are going to exempt everyone I am afraid that that would be too much. I think we should have to draw the line at having all these other workers included in agriculture as defined. If you get this wider than it now is there is no reason why you should not exempt everyone. I do not think I can do that. But I can assure the Committee that this will be looked at. I must point out, however, that if we get this too wide there is a danger of the thing being destroyed.

LORD DE L'ISLE AND DUDLEY

This is a very important point indeed, and I really think that the Government, if they draw these regulations narrowly, will be imposing a really serious burden upon agriculture, and doing very serious harm to housing in rural areas. Owing to the very high cost and other factors the difficulties of building houses are already very great. If landowners and owner-occupiers are now to pay development charge for performing what is really a very necessary service to agriculture—just as necessary as the enlargement of agricultural labourers' cottages under the defined law —it will be a very serious impediment to agriculture. The noble Earl, Lord Radnor, has mentioned estate workers. For the life of me I cannot see why it should be widening it too much that they should be considered within the definition. Are they to be considered to be outside agriculture, while some other people living in subsidized agriculture dwellings are to be considered to be inside? That is the position if I understand the noble and learned Viscount aright.

The same thing applies in the case of small owners and owner-occupiers. Why should the small master man be penalized and taxed on his housing accommodation? I know a case in point. In the North Riding of Yorkshire there is not a great deal of labour employed. The farmers are working farmers for the most part. Supposing it is necessary to find accommodation for a man with a large family of working sons, and suppose they cannot occupy the house unless it is extended. Would a development charge have to be paid on that? Surely, that is an unnecessary burden on agriculture. I really think that agriculture must be taken as a whole and not defined narrowly in this sense. Heaven knows there is great enough need to improve our agriculture and to encourage people to invest their money in it. But it is just as much a tax as a tax on food, against which so many Parties in the State used to protest in the old days, if you tax buildings in which these workers have got to live. You are doing something which is extremely harmful to agricultural interests at large and particularly the interest of agricultural workers.

LORD ADDINGTON

I think that the Housing (Rural Workers) Act allow councils to lend money for the improvement of houses, and that there was in that Act a definition which included some of those other persons, even though they are persons who are not actually working on the land itself. Perhaps it would be helpful to refer to that definition.

THE EARL OF HALIFAX

May I be allowed at this point to ask the noble and learned Viscount one question with regard to the matter which the noble Earl, Lord Radnor, has raised. Would he or would he not regard, for example, an estate drainer as being a man in a class which should come into what we have been speaking of? It is obviously impossible to exaggerate the importance of the work done by such a man, but he is not covered by Clause 114. I cannot imagine any law of justice or of logic or anything else that would distinguish against him, in this connexion, and extend benefits to other classes of people working on the land while denying them to that man,

THE LORD CHANCELLOR

As I have told the Committee I regard this concession which I am announcing—not a definite concession, but something we are considering about enlargement—as being a counterpart of the existing concession which is derived from the Housing (Miscellaneous Financial Provisions) Act of 1946. It all seems to hang together like this. There is the Act of 1946 which gives these subsidies to certain people. I am afraid I have not got that Act before me or in my mind, and I do not remember how it is defined. But let us assume that drainers are included in that, so that you could get a subsidy for a house occupied by a drainer. If that is so it seems to me that we propose to say: "Very well, if the house is attracting subsidy under the Act of 1946, then if you build a new house or enlarge arm existing one we will grant you freedom from development charge." The corollary of that, in turn, seems to be this. If you are going to let a man build a new house without development charge, a fortiori, you allow him to extend an existing house without development charge. It all comes back to the question: Do these people or do they not come under the Act of 1946? Would a man such as the noble Earl has spoken of be entitled to an agreed subsidy under the Act of 1946? If so, I think he should be free of development charge for the new house, and if he is free in respect of the new house he should also be free in respect of the enlargement of an existing house I think that is the way which we will try to make it. It may well be, as Lord Addington has said, that we shall find some definition which will be helpful in one or another of these Acts.

I have, of course, brought this trouble upon myself. I am telling the Committee that what we do hope is that when we come to fix our regulations under Clause 66 we may be able to do something on these lines. In framing the regulations we shall certainly consider the sort of points that have been raised, and see how far we can extend the regulations to cover the sort of people who have been mentioned. But I am frightened lest if we draft our regulations too widely we should find ourselves in the position virtually of excepting all rural housing, and the Treasury will say then, you cannot have these regulations at all. Your Lordships must not be too greedy and ask for too much or you may not get anything at all.

EARL DE LA WARR

I hesitate to get up again, first, because I think most of us are out of order and secondly, because the noble and learned Viscount is so obviously trying to meet us on this point. So far as I can see, the concession really only amounts to this, that a very small number of houses now being built under Act of Parliament that I think was passed last year, are, in fact, going to be affected by this concession. I think that it would be unfair to try to drive the noble and learned Viscount any further at this moment. I think he will appreciate that many of us are extremely disturbed about this question, and if he would just give us an undertaking to discuss the matter between now and the Report stage that would be extremely helpful.

THE LORD CHANCELLOR

I have already made if plain that I cannot possibly give that undertaking. This is a matter of drafting regulations and comes long after the Bill is passed. I cannot discuss it as I have not the time to do it.

EARL DE LA WARR

If we cannot have any undertaking about regulations, then we are free to put down Amendments on Report. It would be very much to the advantage of all of us if we had some discussion on this matter on which both sides are obviously anxious to come to a reasonable settlement.

THE LORD CHANCELLOR

I cannot prevent the noble Earl putting down Amendments. I indicated that I hoped to be able when I got the regulations to make some concession wider than I had in the Bill. I am beginning to be sorry I said it.

LORD LLEWELLIN

I think we are getting a bit away from the Amendment. There is an Amendment down in the name of Lord Carrington which touches this point of excluding all agricultural homes from development charge. That is the Amendment we would have liked to see. But of course it is very difficult to define the type of man, because he may change his job for something else on the estate and have to go out of his house. The house is free of development charge because he is, say, a carter, but if he goes into some other category not covered in the b regulations, the only thing the land- lord has to do is to put him out of his house. We have to beware of that. That is why we want a definition to cover any agricultural purposes on which the person may be engaged. We would like it to cover a man's widow after he dies, because under the Bill the landlord has no option but to say to the widow, "You have to go out of your house, otherwise I become liable to a development charge." It is not a matter which can be discussed, with respect to my noble friend, because it will not really arise on Report stage. It will arise on the regulations. We certainly think it ought to include the largest possible class and this is not a time in which there ought to be any additional imposition on anyone trying to house people on the land in whatever capacity.

In regard to the Amendment, I think we both mean the same thing, and I am grateful to him for now moving to insert this 1,500 cubic feet internal measurement, so that we shall be clear what we mean and so that we still can have a decently sized bedroom and bathroom added to a rural cottage. I am grateful to the noble and learned Viscount for moving this Amendment.

THE EARL OF RADNOR

I would not like to leave this Amendment and the remarks of the noble and learned Viscount without saying we are grateful to him for the concession he has made and drawing the attention, particularly of the noble Earl, Lord De La Wan, to the fact that the regulations are subject to affirmative Resolution and will come before the House.

On Question, Amendment agreed to.

4.34 p.m.

THE EARL OF MUNSTER moved, after paragraph 2, to insert: 3. Any enlargement, improvement or other operation required to be carried out to premises in respect of which a justices' licence within the meaning of the Licensing (Consolidation) Act, 1910, is in force by the licensing justices in pursuance of their powers under section seventy-two of the said Act. The noble Earl said: I formally move my Amendment. I ask the noble and learned Viscount if he can see his way to examine the obligation to carry out works which may be necessary to public-houses before they can get their licences from the licensing justices. It seems to me that an obligation will be put on these people if they are to receive licences, to carry out reconstruction works which are to a certain extent made necessary through an Act of Parliament passed in 1910. I will not take the point any further as the noble and learned Viscount will see what I mean, even if he cannot give me what I want.

Amendment moved— Page 131, line 29, at end, insert the said new paragraph.—(The Earl of Munster.)

THE LORD CHANCELLOR

If a public-house, in order to comply with the justices' requirements, has to be increased by more than 10 per cent. or 1,500 cubic feet, whichever is greater, I think the question of whether a development charge ought to be imposed should be referred for consideration in each particular case. My own view off-hand is that there is no reason why development charge should not be paid in the same way as it would be paid for the extension of any other building. Although it is ordered by the justices, the man will benefit from the enlargement. It is not a case of "existing use" within the Third Schedule. It would be an Amendment inappropriate here and whether it should be allowed depends on the fact of each particular case. On the whole, if a man enlarges his house he ought to pay the appropriate development charge.

LORD LLEWELLIN

In all those cases he has to pay a monopoly value. The noble and learned Viscount will remember that. If he enlarges now he will have to pay twice.

THE EARL OF MUNSTER

I would like to see it in the Bill, but in view of the explanation I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

LORD ADDINGTON moved, after paragraph 2, to insert as a new paragraph: 3. The carrying out of any works to any dwelling house or other building required to be done in pursuance of the provisions of any public general or local Act or any by-laws made thereunder. The noble Lord said: The Amendment concerns the housing in rural areas of many of the rural workers to whom the Chancellor has just referred. Possibly some may be covered by the Amendment which he himself has moved, for which I also express my gratitude, and the earlier one referring to separate dwelling-houses. This Amendment deals not only with agricultural workers but those in similar houses chiefly in rural areas and does provide for the addition of an extra bedroom, bathroom and lavatory and sink which require to be put in if water becomes available. These should be used for the benefit of rural workers without incurring development charge. I hope the Government will accept this, and I beg to move.

Amendment moved— Page 131, line 29, at end insert the said paragraph. —(Lord Addington.)

THE LORD CHANCELLOR

We feel that any effect which this Amendment may have in encouraging the improvement of the standard of living or conditions of employment is reasonably well met by the 10 per cent. or 1,500 cubic feet internal or external measurement provision now conceded in the other Amendments which I have moved. This Amendment would have dangerous implications. It is not restricted to previous Acts. The requirement of future Acts are quite unpredictable. A new Factory Act might require a dilapidated factory used as a workshop to be converted into a modern factory if its use were retained. The same question might arise with licensed premises. In the case of farm buildings, all that operation is to be carried out by statutory undertakers. In a large number of cases, and probably in most cases, the carrying out of works in compliance with a statutory direction will not result in an increase in land value and, in that event, the formula in Clause 67, subsection (2), will preclude the imposition of any charge. If in any case the owner does benefit by an increase in value, then I think it right that a charge should be imposed. Therefore, I hope the noble Lord will rest content with the concessions I have already granted and will not press for this.

LORD ADDINGTON

This Amendment was put down before the noble and learned Viscount's Amendment was on the Order Paper. I quite agree it is covered and I am grateful for what he said. Therefore I will not press the Amendment.

Amendment, by leave, withdrawn.

THE EARL OF RADNOR

I am hopeful that the noble and learned Viscount will accept the next Amendment. I beg to move.

Amendment moved— Page 131, line 31, after ("agriculture") insert ("or forestry").—(The Earl of Radnor.)

THE LORD CHANCELLOR

I like this Amendment so much that I have added my name to that of the noble Earl, and, having done that, I feel it would be positively indecent of me to oppose it. That being so, I have no option but to accept it.

On Question, Amendment agreed to.

LORD CARRINGTON had given notice that he would move, in paragraph 3, after "dwelling-houses," to insert "not required for the purposes of that use," and, in the same paragraph, to leave out all words after "dwelling-houses." The noble Lord said: I do not propose to move the first of these two Amendments because we have had a very full discussion on it just recently. I would like to say two things however. First of all, I would tell the noble and learned Viscount that we did have an Amendment down on this subject; secondly, I reserve my right to put down another Amendment on the Report stage.

With regard to the second Amendment, I would remind the Committee that agricultural buildings in the Third Schedule are excluded from the payment of development charge. When I first read this paragraph, I thought how wise and proper that was, but I was astonished when reading a little further to discover that, although in the definition clause "agriculture" includes horticulture and market gardening, these two are specifically excluded from the exemption. I do not quite understand why there is this unjustifiable differentiation. Growing vegetables and fruit seems to me to be just as important as producing milk and grain. The market gardener has to have his buildings in exactly the same way as the dairy farmer has to have his dairy; the tomato grower has to have his glass just as the arable farmer has to have his Dutch barn. If it is right to exempt mixed farmers, then it is right to exempt the market gardener. Amongst horticulturists, there is a widespread feeling of resentment at the treatment they are getting. They are hardly mentioned in the Agriculture Bill, and now, in this Bill, they are being treated as an unimportant relation of the farmer. I think it is up to the Government to say that this is not so. I beg to move.

Amendment moved— Page 131, leave out lines 34 to 36.—(Lord Carrington.)

LORD DE L'ISLE AND DUDLEY

I should like very briefly to say a word in support of my noble friends. It does seem to me to be illogical to draw an arbitrary distinction between horticulture and agriculture. It is perfectly true that one form of growing food is generally on a more intense scale and requires more capital per acre than the other. We have been told by dieticians that what we want are fresh protective foods full of vitamins, no matter what their initial letters are; that is what a healthy nation requires. In this Bill, the Government apparently deliberately exempts from the Third Schedule buildings of a horticultural character. I think that it is once again imposing an unnecessary impost upon a class of agriculturists who do not deserve such treatment. I hope that the noble and learned Viscount will consider this Amendment which, I think, should receive favourable attention from the Government.

LORD LLEWELLIN

I should like to say a word or two on this. Certainly when I was at the Ministry of Food, we were pressing on people to eat more vegetables. We found that one of the places was Scotland, where we were always pressing that on the people on the advice of those able nutritional experts who then advised the Ministry of Food. It is quite true that among the foodstuffs we can grow what we want of in this country are fresh vegetables. If you grow those vegetables on a mixed farm, you can put up a building to sort them or a greenhouse in which to start off the plants, without paying any kind of development charge, but if you do it on a smallholding or something of that sort, then you become liable to a development charge if you have put up a greenhouse or a small packing shed. It is with places of that kind that we want to deal. We do not see why they should not come into exactly the same category as agriculture as a whole. All are parts of the food-growing services of this country. I ask the Government most earnestly to accept this Amendment or, if not this one, an Amendment so drafted that it will cover the kind of people with whom I know my noble friend who moves the Amendment is chiefly concerned, and for whom I am speaking at the present moment.

THE LORD CHANCELLOR

This might have rather a far-reaching consequence, and I do not see my way to accept this Amendment. I will have the matter investigated between now and the Report stage and see if I can make some concession. I do not quite know what it will be, but I will see what I can do. You see, what we want to do is to eliminate matters such as the sugar beet factory; that is the sort of thing we want to eliminate. If you are going to erect one, you have obviously got to pay a development charge. Take those big seedsmen, like Carters and Suttons: if they have buildings for the sorting of their seeds, there is no reason why they should not pay a development charge for that. Supposing you have packing factories or canning factories and things of that sort: why should not they pay a development charge? The consequence and importance of it is this: if you are going to exempt all those things for which there is some demand, but obviously of a very floating character, it means that with every single parcel of agricultural land which you are going to buy, you have got to assess its value and treat it for all purposes as though it could be used for that. That might lead to very serious consequences indeed.

If we have, when we compulsorily purchase any parcel of agricultural land, to value the land on the assumption that planning permission for this building would be given—for that is the effect of the Amendment—the result would be to put back into land values a large measure of the development value which it is the very object of this Bill to take out of private hands. In the same way, every farmer would be able to apply for permission to erect a large building for any one of these purposes, and, on refusal, would be able to claim compensation. That is a very far-reaching proposition. I understand that your Lordships do not want this sort of consequence to arise at all, but you merely have in mind the fellow who, in a rather intensive way, grows vegetables for Covent Garden Market. As I say, I am willing to see what I can do to meet that sort of case, but I cannot possibly accept the Amendment, which would have consequences of putting back into agricultural land a very large measure of the development value, which it is the object of this Bill to take out. I must say, quite firmly and definitely, that I cannot accept this Amendment. I will, however, look into the matter between now and Report stage to will not make any other promise —if I can do something to extend the concession which I am giving to farms to the sort of market gardens we have in mind. It may be impossible to find words to do it, but I will have it looked into.

LORD LLEWELLIN

Surely, the simple way of getting over this point would be to put the compensation in Part I of this Schedule. I doubt whether sugar beet factories are included in the actual words. The paragraph reads: "buildings used for the purposes of market gardens,"—that is not a sugar beet factory—"nursery grounds or for other purposes not connected with general farming operations." I do not mind if we exclude buildings "not connected with operations of the above character," and cut out the words "for the purposes of market gardens, nursery grounds." That would do it quite easily. I do not want it to include—and I do not think my noble friend does—a development value for putting a factory on the ground. We want to try and see that market gardens, and things of that sort, are put into the same category as general farming. Market gardening does not give greater value to the land. Whether the land is going to have a cowshed on it or a greenhouse, it does not mean that you are going to get any greater development value. These words may not be very apt, but I think we should insist upon something going into the Bill at some stage to secure that these people do not have to pay a development charge. I think it wrong that they should.

When the noble and learned Viscount, the Lord Chancellor, was going through his category of people, such as the owners of canning factories, beet factories, and others who are going to pay not on site value but on the building, I was horrified to think that you are automatically going to raise the price of commodities from the very start by putting that additional charge on productive industry of that sort. That is going to be the effect of the charge. With value it is different. It is, one might say, swallowed up, and had things been otherwise the landowner would have received the amount. But this charge is on the building itself. A person puts money into a building, and the authorities say, "Because you are putting up a building of that size, you must also pay a development charge." That obviously is going to be added to the cost of the British product, every time. That is what I dislike so much about the development charge on works which a man erects himself, and which have not in any way sprung from the effort of the community. I have got rather far from the Amendment, but these thoughts occurred to me as the noble and learned Viscount was speaking. I hope that between us we shall be able before the Report stage to agree words which will put horticultural buildings in the same category as agricultural buildings. In any event, I hope that my noble friend who moved the Amendment, or somebody else, will put down an Amendment at that stage to see that something is done for these important and essential food supplying institutions.

LORD DE L'ISLE AND DUDLEY

I was very glad to hear of the possibility that the noble and learned Viscount might be able to introduce some concession to market gardeners. Looking at Part III of the Third Schedule, it seems to me, as it is now drafted, that if sugar beet factoris were agricultural buildings they might be exempt, and horticulturists are specifically included. I hope it may be possible to find a form of words which, while not exempting factories and canning factories connected directly or indirectly with agriculture, will ensure that the actual producers of food will not be faced with a development charge just because they are improving their services.

LORD CARRINGTON

As my noble friend Lord Llewellin said, my only intention in moving this Amendment was to see that the market gardener was treated in the same way as the mixed farmer. The noble and learned Viscount in his remarks seemed to me to indicate that there are very few of them. There are many thousands of them all over the place, and they do a very useful job of work, and produce a lot of food. On the assurance given by the noble and learned Viscount that he will look into the matter further, I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

THE LORD CHANCELLOR

The next Amendment is consequential upon the Amendment we have already had moved by the noble Earl, Lord Radnor, which was supported by myself.

Amendment moved— Page 131, line 35, after ("grounds,") insert ("or timber yards").—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

This is a consequential Amendment. I beg to move.

Amendment moved— Page 131, line 36, at end, insert ("or with the cultivation or felling of trees").—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

This is a drafting Amendment which is preparatory to the next Amendment. I beg to move.

Amendment moved— Page 131, line 37, leave out ("before") and insert ("on").—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

The purpose of the next Amendment is to ensure, in accordance with the principle of paragraph (ii) of the proviso in subsection (5) of Clause 11, that land which is unoccupied on the appointed day will be excluded from the effects of paragraph 4 of the Third Schedule, if it has been continuously unoccupied for the last ten years. The seventh day of January, 1937, as your Lordships will realize, is exactly ten years from the date on which the Bill was published. Without this Amendment, it is considered that the compulsory purchase price of derelict land might be unduly inflated in certain circumstances. I beg to move.

Amendment moved— Page 131, line 39, at end insert: ("or which, being unoccupied on the appointed day, was last used (otherwise than before the seventh day of January, nineteen hundred and thirty-seven) for any such purpose").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Third Schedule, as amended, agreed to.

Fourth Schedule [Provisons relating to Compensation under Part III]:

LORD HENDERSON

The next three Amendments go together, and the point is rather a technical one. Simply expressed, the object of the Amendments is to remedy a drafting defect which had the effect, in certain circumstances, of giving the owner who himself demolished a building as the result of an order under Clause 24 less compensation than if the local authority had carried out the work in default. This puts the matter right. I beg to move.

Amendments moved— Page 132, line 12, leave out from ("payable'') to ("under") in line 13. line 21, leave out from ("any") to ("given") in line 22 and insert ("compensation is payable as aforesaid by virtue of any decision or order"). Page 133, line 1, leave out from ("person") to ("shall") in line 3 and insert ("by virtue of any order made under Section twenty-four of this Act").—(Lord Henderson.)

On Question, Amendments agreed to.

Fourth Schedule, as amended, agreed to.

Fifth Schedule [Special provisions relating to development by statutory undertakers]:

LORD HENDERSON

The next five Amendments are drafting Amendments. I beg to move.

Amendments moved— Page 134, line 11, leave out ("sanction") and insert ("authorisation") line 13, leave out ("sanction") and insert ("authorisation") Page 134, line 16, leave out ("sanction") and insert ("authorisation") line 18, leave out ("sanction") and insert ("authorisation'') line 24, leave out ("sanction") and insert ("authorisation") —(Lord Henderson.)

On Question, Amendments agreed to.

LORD HENDERSON

The last Amendment on this Schedule prepares the way for a group of Government Amendments to the Eighth Schedule I beg to move.

Amendment moved— Page 135, line 24, leave out paragraph 5.—(Lord Henderson.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.

Sixth Schedule [Procedure for making orders under s.47]:

LORD HENDERSON

This Amendment is consequential on the deletion of Clause 10 (4). I beg to move.

Amendment moved— Page 136, line 43, leave out ("to (4)") and insert ("and (3)").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This Amendment is largely drafting. It adds a proviso to paragraph 7 of the Sixth Schedule which applies the provisions of Clause 10 to Orders made under Clause 47. Clause 47, as noble Lords will remember, deals with power to stop up or divert highways. I beg to move.

Amendment moved—

Page 136, line 48, at end insert— ("Provided that where any such order is subject to special parliamentary procedure, then—

1. (a) if the order is confirmed by Act of Parliament under Section six of the Statutory Orders (Special Procedure) Act, 1945, the said subsections (2) and (3) shall not apply;
2. (b) in any other case the said subsections shall have effect as if in subsection (2) for the reference to the date on which the notice required by the last foregoing paragraph is first published there were substituted a reference to the date on which the order becomes operative under the said Section six, and as if in subsection (3) the words from 'and shall become operative' to the end of the subsection were omitted.")—(Lord Henderson.)

On Question, Amendment agreed to.

Sixth Schedule, as amended, agreed to.

5.4 p.m.

Seventh Schedule:

MODIFICATIONS OF PART II OF TOWN AND COUNTRY PLANNING ACT, 1944.

Elimination of overlap between owner-occupier supplement and increase of converted value payment.

(2) Any reduction required by virtue of this paragraph to be made in the compensation payable in respect of the compulsory acquisition of an interest in land shall be effected as follows: that is to say, the War Damage Commission shall pay to the Minister or authority by whom that interest is compulsorily acquired a sum equal to the amount of the reduction, together with interest thereon at the rate of two and a half per cent. per annum from the date of the acquisition, and shall deduct that amount (including interest thereon as aforesaid) from the amount of any value payment or share of the value payment (including interest on any such payment or share) payable by the Commission under the War Damage Act, 1943, to the person from whom that interest is acquired.

LORD CHORLEY

The first Amendment to this Schedule is a drafting Amendment. I beg to move.

Amendment moved— Page 137, line 12, after ("under") insert ("paragraph (b) of subsection (2) of").—(Lord Chorley.)

On Question, Amendment agreed to.

LORD CHORLEY moved, in paragraph 1, sub-paragraph (2), after the second "shall" to insert: on a claim made to the Commission in that behalf within the time and in the manner prescribed by regulations made by the Treasury under this Act.

The noble Lord said: This Amendment is designed to improve the machinery of the operation of this paragraph of the Schedule. The Schedule is directed to the elimination of the overlap between the owner-occupier supplement and the increase of converted value payment. Under this Schedule the War Damage Commission have a duty to make a deduction from the value payment due to the previous owner, and in order that that deduction may be made the acquiring authority have to put up their view as to what the deduction ought to be. Obviously, the previous owner must then be given an opportunity of making his supplement in regard to whether it is a fair sum. It is, therefore, clearly necessary that the acquiring authority should put up its view as to the proper amount of the reduction within a reasonable time. In order that that may take place I think that there should be regulations providing the time and the procedure, and the object of this Amendment is to provide that such regulations may in fact be made. I beg to move.

Amendment moved— Page 137, line 36, after ("shall") insert the said words.—(Lord Chorley.)

On Question, Amendment agreed to.

LORD CHORLEY

The next Amendment is substantially drafting. I beg to move.

Amendment moved— Page 138, line 38, leave out from ("construed") to the end of line 40, and insert ("as a reference to the date of the completion of the acquisition or, if interest on the compensation, or on the purchase price, as the case may be, becomes payable before that date (whether by virtue of entry on the land or otherwise), as a reference to the date from which the interest becomes payable").—(Lord Charley.)

On Question, Amendment agreed to.

LORD CHORLEY

The object of the next Amendment is to meet a possible ambiguity under Section 58 (6) (a) of the 1944 Act. This is rather a complicated matter, and I hope your Lordships will not think it necessary to go into it in detail. In those circumstances, I beg to move.

Amendment moved— Page 138, line 48, at end insert—

Extension of owner-occupier supplement to certain subsidiary companies.

("3.—(1) Where an interest in land the value of which falls to be ascertained in accordance with the provisions of Part II of the Act of 1944 for the purposes of the compensation payable on a compulsory acquisition thereof is an interest held by a company having among its objects the holding of land, and being related (as hereinafter defined) to another company which carries on business on land so held, then, without prejudice to the provisions of paragraph (a) of subsection (6) of Section fifty-eight of the said Act, or of any regulation made thereunder, subsection (5) of that section shall have effect in relation to that interest as if references in paragraphs (a) to (d) of that subsection to the person entitled to compensation for the purchase of that interest included references to the last mentioned company.

(2) For the purposes of this paragraph a company shall be deemed to be related to another company if either of those companies is a subsidiary of the other (as defined by any Act of the present Session to amend the law relating to companies) or if both of them are subsidiaries (as so defined) of a third company.").—(Lord Chorley.)

On Question, Amendment agreed to.

On Question, Whether the Seventh Schedule, as amended, shall stand part of the Bill?

VISCOUNT SAMUEL

Might I ask whether the Government will consider appending to the Bill when it is printed a glossary interpreting some of these terms? For example, this Schedule deals with the elimination of overlap between owner-occupier supplement and increase of converted value payment. Would it be possible to give a translation?

LORD CHORLEY

I think the meaning of these terms appears from earlier clauses of the Bill, but if there is any difficulty we shall be pleased to do what we can.

ENACTMENTS AMENDED.
Enactment amended.	Amendments.
The Electricity (Supply) Act, 1919, 9 & 10 Geo. 5. c. 100.	In section twenty-one for the words "local authority." in the second place where those words occur, there shall be substituted the words "local planning authority within the meaning of the Town and Country Planning Act, 1947"; after the words "county council," in the second place where those words occur, there shall be inserted the words "not being the local planning authority"; and at the end of the section there shall be added the following words:—
	Provided that in the case of lines to be placed in a county district or in any part of the area of a county borough which is comprised in the area of a joint planning board, the local planning authority and the council of that district or borough may agree that the foregoing provisions of this section shall have effect as if for the reference therein to the local planning authority there were substituted a reference to that council, and where notice of any such agreement is given to the Minister of Fuel and Power the said previsions shall have effect accordingly.
The Town and Country Planning Act, 1944, 7 & 8 Geo. 6. c. 47.	In section nineteen, for the words "local planning authority" wherever those words occur there shall be substituted the words "local authority" and for the words "this Part of this Act" wherever those words occur there shall be substituted the words "Part IV of the Town and Country Planning Act, 1947"; in subsection (6) after the word "shall," there shall be inserted the words "in the case of land comprised in an area defined by a development plan as an area of comprehensive development or of land contiguous or adjacent to any such area which is designated by the development plan as subject to compulsory acquisition by the appropriate local authority"; for the word "land," in the second place where that word occurs, there shall be substituted the words "any such land"; and for the words "accommodation thereon," there shall be substituted the words "thereon accommodation suitable to their reasonable requirements"; and in subsection (8) for the words "section forty-two of this Act" there shall be substituted the words "section twenty-eight of the Town and Country Planning Act, 1947."

LORD ADDINGTON had given notice that he would move to leave out from the beginning of the schedule to the start of the first proviso in the reference to the Electricity (Supply) Act, 1919. The noble Lord said: This Amendment, which looks

LORD LLEWELLIN

I do not think that is so. I think it comes somewhere in the War Damage Act, but certainly not in this Bill. It might be as well to amend the Interpretation Clause slightly.

LORD CHORLEY

I think the noble Lord is right. These are terms of art in connexion with the war damage problems, but it may well be worth looking at to see whether something of this sort cannot be done, and I shall be very glad to have it looked into.

Seventh Schedule, as amended, agreed to.

5.19 p.m.

Eighth Schedule:

very complicated, seeks to ensure that the councils of county districts retain the right they have at present under Section 21 of the Electricity Supply Act, 1919, to have those observations heard regarding the placing of electric light lines above ground. I understand that His Majesty's Government are willing to accept the Amendment if it is moved in somewhat different terms and if those on whose behalf the Amendment is put forward are agreeable to the change of words.

With your Lordships' permission I will therefore move it in the revised form as suggested, that is to say: Page 139, line 36, column 2, leave out from ("twenty-one") to the end of line 15 on page 150, and insert ("after the words, 'local authority,' in the second place where those words occur, there shall be inserted the words 'and the local planning authority within the meaning of the Town and Country Planning Act, 1947'; and after the words 'county council,' in the second place where those words occur, there shall be inserted the words 'not being the local planning authority,'"). I beg to move.

Amendment moved— Page 139, line 36, column 2, leave out from ("twenty-one") to end of line 15, on page 140, and insert the said new words.—(Lord Addington.)

LORD HENDERSON

I am very glad to accept the noble Lord's Amendment.

On Question, Amendment agreed to.

LORD HENDERSON

This is a drafting Amendment. The Betting and Lotteries Act, 1934, has had to be amended because parts of it became meaningless on the repeal of the old planning Acts. Since the Bill was introduced in another place, certain interested organizations have suggested that the original Amendments made the Act ambiguous; accordingly the Amendments are being revised. I beg to move.

Amendment moved— Page 140, line 34, column 2, at end insert ("for the words 'the planning authority have consented to the establishment or continuance of the track' there shall be substituted the words 'any planning permission required under Part III of the Town and Country Planning Act, 1947, for the establishment of the track, or for the continuance of the track during the period for which the licence would be in force, has been granted thereunder or is deemed to be so granted' and for the words 'their consent in writing to the licensing authority' there shall be substituted the words 'the licensing authority that any planning permission required as aforesaid has been so granted or is deemed to be so granted'.")

On Question, Amendment agreed to.

LORD HENDERSON

This is a drafting Amendment, consequential upon the introduction of the Eleventh Schedule.

Amendment moved— Page 142, line 2, column 2, at beginning insert ("In Section fifteen, for the words 'this Part of this Act' there shall be substituted the words Part IV of the Town and Country Planning Act, 1947, not being land comprised in a licensing planning area within the meaning of the Licensing Planning (Temporary Provisions) Acts, 1945 and 1946'.")— (Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON moved, in the reference to Section nineteen of the Town and Country Planning Act, 1944, to leave out "and for the words 'this Part of this Act' wherever those words occur there shall be substituted the words 'Part IV of the Town and Country Planning Act, 1947'," and insert: in subsection (1) for the words from 'or appropriated' to the end of the subsection there shall be substituted the words 'under Section thirty-seven or Section thirty-nine of the Town and Country Planning Act, 1947, or appropriated for purposes for which land can be acquired under those sections and is for the time being held by the authority for the purposes for which it was acquired or appropriated'; in subsection (3) for the words 'this Part of this Act' there shall be substituted the words 'Part IV of the Town and Country Planning Act, 1947'.

The noble Lord said: This Amendment introduces a whole series of Amendments which relate to the 1944 Act. If your Lordships will turn to the Eleventh Schedule you will find the sections which are retained; the words in heavy type are the Amendments proposed to be inserted. I might, perhaps, be permitted briefly to give your Lordships an indication of the effect of these Amendments, and then it will be within the consideration of your Lordships' House whether your Lordships might not feel inclined to take the Amendments en bloc.

The main sections of the 1944 Act not being repealed are Sections 19 to 30. These, as originally enacted, laid down a code dealing with the disposal and appropriation of land required for the purposes of "blitz" and blight redevelopment, and the few other planning purposes for which land could be purchased under the 1944 Act, and contained the powers necessary for enabling comprehensive redevelopment to take place. For example, restrictive covenants and easements had to be got rid of, highways had to be extinguished, the pipes and cables of statutory undertakers had to be dealt with, persons taking a lease of land from a local authority had to be given a clean title before they could carry out development. The same powers of purchase are reproduced in this Bill in a more comprehensive form and accordingly the same code is necessary. In addition, the Bill confers on local authorities power to purchase land compulsorily for other purposes, and confers powers of compulsory purchase on Ministers and on the Central Land Board. In the main, the Amendments in the Schedule are consequential on that extension of the powers of purchase. The Amendments are all purely drafting, except for minor improvements in procedure in Section 23, and Sections 26 and 27 are slightly enlarged. That, briefly, is the general effect of these Amendments. If it is the wish of your Lordships' House I hope that we might take them en bloc and save discussion on them individually. I beg to move.

Amendment moved— Page 142, line 5, column 2, leave out from ("authority") to ("in") in line 9 and insert the said words.—(Lord Henderson.)

LORD LLEWELLIN

I think it would be a convenient way of dealing with this, to make the Amendment in the Eighth Schedule and to see when we come to the Eleventh Schedule exactly what they are. They seem to me to be proper drafting Amendments to the sections of that Act which remain, making it far more intelligible than would have been. I do not know what other noble Lords think, but it would be quite convenient to me if they were all taken en bloc, because we shall all be able to read the effect of them in the Eleventh Schedule.

VISCOUNT SAMUEL

I am sure the Committee will concur in the course proposed. I should like to be permitted to express the warmest gratitude to the Government for moving the Eleventh Schedule. We have very often protested in your Lordships' House about the excessive use of legislation by reference, but in many cases it would be extremely cumbersome to adopt any other plan than to amend extensively some previous Statute. The disadvantage of that course can be remedied by the plan adopted by the Government and the draftsmen in this way—namely, in setting out in extenso in a separate section what the old Act will amount to when modified by the new Bill. There may have been precedents in other Acts but in any event the course taken in moving this Eleventh Schedule is admirable, and will greatly facilitate the handling of this legislation by the courts and local authorities and by any other bodies concerned.

On Question, Amendment agreed to.

LORD HENDERSON

The next is one of the Amendments to which I have just referred.

Amendment moved — Page 142, line 17, column 2, leave out from ("authority") to ("and") in line 20 and insert ("for the words 'land which the authority have acquired for the purposes of this Part of this Act' there shall be substituted the words 'any such land which the authority have acquired as mentioned in subsection (1) of this section'").—(Lord Henderson)

On Question, Amendment agreed to.

LORD ADDINGTON moved, in the reference to Section nineteen of the Town and Country Planning Act, 1944, after "accommodation thereon," to insert "to the end of the subsection." The noble Lord said: Section 19 (6) of the Town and Country Planning Act of 1944 requires a local planning authority, in disposing of land in developed areas, to offer persons who were living or carrying on business or other activities on such land, accommodation suitable for their requirements, "on terms settled with due regard to the price at which any such land has been acquired from them." The Amendment is designed to result in the omission of the words "on terms settled with due regard to the price at which any such land has been acquired from them."

It is thought quite reasonable that persons who were living and carrying on business and other activities on land which has been compulsorily acquired by a local authority should have the first choice of alternative accommodation when that land is laid out in a manner more in accordance with modern planning by the local authority and comes to be disposed of in sites either for building houses or for business purposes. When local authorities were entitled to purchase land on the 1939 basis values it was, of course, not unreasonable that the person who had been required to sell his land upon such a basis should have that fact borne in mind when the terms upon which he was entitled to return to the land were settled. Now, however, in the new scheme of things the terms on which the land is purchased must be reflected in the new terms.

Since the value of the land is due to the better lay-out adopted by the planning authority, it is thought that it is wrong that any added value should go to the returning owners. Take, for example, a pre-war shopping centre which is being moved to a site a short distance away which has a much lower value, while the site of the pre-war shopping centre is intended to be used for public buildings. If Section 19, subsection (6), of the Act of 1944 remains in force, the present owners of the land for the new shopping centre will undoubtedly claim leases with due regard to the price at which the land was acquired. Once the new shopping centre has been established the value of the land will rise to levels commensurate with the importance of the site, and the whole effect of Section 19, subsection (6), will be to put into the pockets of existing owners of property in the new shopping centre the unearned increment resulting from the replanning by the local planning authority of that particular area. That is what my Amendment is designed to prevent. I beg to move.

Amendment moved— Page, 142, line 21, after ("thereon") insert ("to the end of the subsection").—(Lord Addington.)

LORD HENDERSON

I am afraid I cannot accept this Amendment. Section 19 (6) of the 1944 Act, as amended by this Bill, imposes on local authorities an obligation, when disposing of land which they have acquired in an area of comprehensive development, to try and provide alternative accommodation "suitable to their reasonable requirements" for persons who have been displaced by the acquisition of the land, on terms settled with due regard to the price at which any such land has been acquired from them. The present Amendment would delete those words which I stress. These words were originally included in the subsection because the 1944 Act introduced the 1939 standard for compulsory purchase, and it was thought reasonable that if a local authority acquired dwelling houses at a scaled-down value they ought similarly to scale down the rents on alternative accommodation which they provided.

It is true that the abolition of the 1939 standard weakens the necessity for these words, particularly in view of the addition of the phrase "suitable to their reasonable requirements." On the other hand, it is to be remembered that Clause 50, introducing the "notional lease" device, will continue to scale down the value of some property for compulsory acquisition purposes. It seems reasonable, therefore, that in disposing of land for alternative residential accommodation the local authority should still be obliged to remember the fact that they have bought out the original owners at less than current market value. "Blight" re-construction may lead to the acquisition, during the period for which Clause 50 remains effective, of a number of small shops or dwelling-houses, and this fact ought to be borne in mind. This Amendment would mean that the local authority would be under no obligation at all to consider the financial effects of their operations on the persons they displace. In those circumstances, I would ask the noble Lord not to press his Amendment.

LORD ADDINGTON

The noble Lord seems to admit that a change of value from the 1939 value to present user value has had a very considerable effect upon the cost, and I should have thought that in that circumstance some modified words would be more suitable to show that, although some consideration might be put, the words did not have all the emphasis that those words in Clause 19 (6) seem to have, which apparently impose an undue obligation to consider the price at which it was acquired, and therefore to give an undue advantage to those who are redeveloping the land. But the point has been raised, and if the noble Lord does not seem able to meet it, I am not in a position to press the Amendment. I beg leave to withdraw.

Amendment, by leave, withdrawn.

LORD HENDERSON

I beg to move together a number of the remaining Amendments on this Schedule. I think it would be for the convenience of the Committee if they were all taken together.

Amendments moved—

Page 142, line 24, column 2, leave out ("and")

line 28, column 2, at end insert ("and in subsection (10) for the words from 'land which' to 'this Part of this Act' there shall be substituted the words 'any such land as is mentioned in subsection (1) of this section '").

Page 142, line 32, column 2, leave out from "authority" to end of line 35 and insert ("in subsection (1) for the words from 'and which' to 'purposes of this Part of this Act' there shall be substituted the words 'any such land as is mentioned in subsection (1) of Section nineteen of this Act'; and for the words 'this Part of this Act' in the second and third places where those words occur there shall be substituted the words 'Part IV of the Town and Country Planning Act, 1947'")

Page 142, line 40, column 2, leave out from ("subsection (1)") to ("and") in line 51 and insert ("for the words from 'local planning' to 'authorised by this Part of this Act' there shall be substituted the words 'local authority as mentioned in subsection (1) of Section nineteen of this Act or which has been acquired by the Central Land Board under Section forty-two of the Town and Country Planning Act, 1947, whether done by the local authority or by any person deriving title under the local authority or under the Board, as the case may be, shall be deemed to be authorised by this section'")

line 54, column 2, leave out from ("Act") to ("in") in line 2 on page 143 and insert ("in subsection (2) for the words 'other than the local planning or highway authority' there shall be substituted the words 'deriving title under the local authority', after the word 'appropriated' there shall be inserted the words 'or under the Central Land Board', after the word 'authority', in the second place where that word occurs there shall be inserted the words 'or against the Board as the case may be', and after the word 'authority' in the third and fourth places where that word occurs there shall be inserted the words 'or Board'").

Page 143, line 8, column 2, at end insert ("and in subsection (4) for the words 'local planning or highway authority' there shall be substituted the words 'local authority'")

line 9, column 2, leave out from ("subsection (1)") to ("is")in line 17 and insert ("for the words from 'land which has' to the end of the subsection there shall be substituted the words 'any such land as is mentioned in subsection (1) of Section nineteen of this Act if he'")

line 23, column 2, leave out from ("(2)" to end of line 24.

line 26, column 2, after ("1947") insert ("shall apply to an order under this section as it applies to an order under Section forty-seven of that Act")

line 27, column 2, leave out ("any such order") and insert ("an order under this section")

Page 144, line 3, column 2, after ("authority") insert ("and for the words 'subsection (2) of this section' there shall be substituted the words 'paragraph 1 of the Sixth Schedule to the Town and Country Planning. Act, 1947'")

line 6, column 2, leave out from ("(5)") to end of line 18 and insert ("Regulations made under the Town and Country Planning Act, 1947, may provide for securing that any proceedings required to be taken for the purposes of an order under this section may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished, or for securing that any proceedings required to be taken for the purposes of the acquisition of any other land under subsection (3) of this section may be taken concurrently with either or both of the said proceedings.")

Page 144, line 26, column 2, leave out from ("twenty-five") to ("in") in line 46, and insert ("in subsection (1) for the words from 'or appropriated' to 'acquired the land' there be substituted the words 'by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act' and for the words 'authority or that Minister' there shall be substituted the words 'purchasing or appropriating authority'; in subsection (2) for the words 'authority or Minister' there shall be substituted the words 'purchasing or appropriating authority'; in subsection (3) for the words 'authority or the said Minister' there shall be substituted the words 'purchasing or appropriating authority'; in subsection (4) for the words 'local planning or highway authority, the authority' there shall be substituted the words 'local authority or on statutory undertakers, the authority or undertakers; after 'undertaking' there shall be inserted the words 'on whom the notice was served under subsection (1) of this section' and for the words 'local planning or highway authority', in the second place where those words occur, there shall be substituted the words 'authority or undertakers on whom the counter-notice was served'")

line 47, column 2, after ("Minister") insert ("in the first place where those words occur").

Page 145, line 3, column 2, leave out from ("subsection (8)") to ("and") in line 5 and insert ("for the words 'authority or Minister' there shall be substituted the words 'purchasing or appropriating authority'").

line 21, leave out ("operational") and insert ("any such").

line 25, leave out ("operational") and insert ("any such").

line 36, after ("words") insert ("the compulsory purchase under").

line 37, after ("words") insert ("'(a) the compulsory purchase under'").

line 38, at end insert ("for the words 'or the extinguishment thereunder' there shall be substituted the words: '(b) a decision on an application under Part III of the said Act by a person carrying on the undertaking for permission to develop any such land or the revocation or modification of permission granted on such an application or the making of an order under Section twenty-four of that Act in relation to any such land; or

1. (c) the extinguishment under Part IV of that Act'

and").

Page 145, line 39, column 2, leave out from beginning to end of line 46 and insert ("for subsection (5) there shall be substituted the following subsection— '(5) In relation to an order made under this section, subsections (1) to (3) of Section ten of the Town and Country Planning Act, 1947, shall apply, subject to any necessary modifications, as they apply in relation to a development plan approved by the Minister under that Act, and accordingly the said subsection (1) shall have effect as if for the reference therein to the local planning authority there were substituted a reference to the appropriate Minister: (Provided that where any such order is subject to special parliamentary procedure, then—

1. (a) if the order is confirmed by Act of Parliament under Section six of the Statutory Orders (Special Procedure) Act, 1945, subsections (2) and (3) of the said Section ten shall not apply;
2. (b) in any other case those subsections shall have effect in relation to the order as if in subsection (2) for the reference to the date on which the notice required by subsection (1) of the said Section ten is first published there were substituted a reference to the date on which the order becomes operative under Section six of the Statutory Orders (Special Procedure) Act, 1945, and as if in subsection (3) the words from "and shall become operative" to the end of the subsection were omitted.'"

line 47, column 2, leave out from ("twenty-eight") to ("in") in line 10, page 146, and insert ("in subsections (1) and (4) for the words from 'or appropriated' to 'Minister thereunder,' in both places where those words occur, there shall be substituted the words 'by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act' and for paragraph (a) of those subsections respectively there shall be substituted the following paragraph: '(a) in the case of land acquired by a purchasing authority other than a Minister, or of land appropriated by a local authority as aforesaid, by that authority or by any other person, if that use conforms with planning control;'")

Page 146, line 13, column 2, at end insert ("and in subsection (8) for the words 'local planning or highway authority' there shall be substituted the words 'local authority'.")

line 14, column 2, leave out from ("twenty-nine") to ("in") in line 27 and insert ("in subsection (1) for the words from 'or appropriated' to the words 'Minister thereunder' there shall be substituted the words 'by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act' and for paragraph (a) there shall be substituted the following paragraph:— '(a) in the case of land acquired by a purchasing authority other than a Minister or of land appropriated by a local authority as aforesaid, by that authority or by any other person, if that use conforms with planning control;'.")

Page 146, line 33, column 2, at end insert ("and in subsection (3) for the words 'local planning or highway authority' there shall be substituted the words 'local authority'.")

line 34, column 2, leave out from ("thirty") to ("after") in line 41 and insert ("in subsection (1) for the words from 'land acquired' to 'this Part of this Act' there shall be substituted the words ' any such land as is mentioned in subsection (1) of Section nineteen of this Act', and.")

line 45, column 2, leave out from ("persons") to end of line 53 and insert ("in subsection (2) for the words 'under this Part of this Act' there shall be substituted the words 'by a local authority under Section thirty-seven of the Town and Country Planning Act, 1947'; in subsection (3) for the words from 'local planning' to 'this Part of this Act' there shall be substituted the words 'local authority as is mentioned in subsection (1) of Section nineteen of this Act'; in sub section (4) for the words from 'which has been acquired or' to 'Minister thereunder' there shall be substituted the words 'on land which has been acquired or appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act or which has been acquired by the Central Land Board or a Minister under Part IV of the Town and Country Planning Act, 1947'; in subsection (5) for the words 'local planning or highway authority' there shall be substituted the words 'local authority, the Central Land Board' and for the words from 'or appropriated' to 'this Part of this Act' there shall be substituted the words 'by the local authority, Board or Minister under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by the local authority as mentioned in subsection (1) of Section nineteen of this Act'.")

Page 147, line 14, column 2, leave out from ("subsection (1)") to the end of line 22 and insert ("in the definitions of 'appropriate Minister' and 'statutory undertaking' for the words 'meaning assigned to it by Section thirteen of this Act' there shall be substituted the words 'same meaning as in the Town and Country Planning Act, 1947'")

line 26, column 2, leave out from ("authority") to ("purchasing") in line 27 and insert ("means a Minister, the Central Land Board, a local authority or any statutory undertakers").

line 29, column 2, at end, insert ("and at the end of that section there shall be added the following subsection— '(4) Any reference in this Act to the Town and Country Planning Act, 1947, or to Part IV of that Act shall be construed as including a reference to any provisions of this Act incorporated with the said Part IV.'").

Page 147, line 29, column 2, at end, insert ("In the First Schedule, in sub-paragraph (c) of paragraph 1 for the word 'thereof' there shall be substituted the words 'of this Act'").

Page 148, line 7, column 2, leave out from ("of") to ("of") in line 8 and insert ("any such compulsory purchase as is mentioned in subsection (5).")

line 14, column 2, at end insert ("and in sub-paragraph (3) of paragraph 3 for the words 'authority or Minister' there shall be substituted the word 'person'.")

line 50, leave out from beginning to ("Second") in line 51 and insert ("after the word 'modified' there shall be inserted the words 'by the'.")

Page 149, line 8, column 2, leave out from beginning to ("in") in line 10.

On Question, Amendments agreed to.

LORD HENDERSON

The next Amendment relates to the Amendment in the Eighth Schedule to the Licensing Planning (Temporary Provisions) Act, 1945. Its object is to enable the County of London, including the City, to be declared a single licensing planning area in place of the present arrangement whereby the City is a separate licensing planning area. This change is desirable as a result of the transfer of certain planning functions from the City to the London County Council. The Amendment also deals with the composition of the licensing planning committee for the combined area. I beg to move.

Amendment moved—

Page 149, line 16, column 2, at beginning insert ("In Section ten the words 'except the City of London' wherever those words occur, shall be omitted, and at the end of paragraph (a) of subsection (2) there shall be inserted the following sub-paragraph— '(iv) such number of members as may be prescribed by order of the Secretary of State, appointed from amongst their number by the Licensing Justices for the City of London, and an equal number of members appointed, after consultation with the Common Council of the City of London, by the London County Council; and' and").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

The next Amendment is an amendment to the Acquisition of Land (Authorisation Procedure) Act, 1946, relating to the procedure in which you might have an appeal to the House of Lords, when an order is challenged in the Courts. I beg to move.

Amendment moved—

Page 150, line 34, column 2, at end insert— ("In the First Schedule, in paragraph [...]5, sub-paragraph (2) shall be omitted.").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

Next comes a consequential Amendment on the last Amendment. I beg to move.

Amendment moved—

Page 150, line 34, at end insert—

("The Licensing Planning (Temporary Provisions) Act, 1946, 9 & 10 Geo. 6, c. 53.

In subsection (4) of section three the words 'except the City of London' shall be omitted") — (Lo Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This Amendment makes a number of small changes in the New Towns Act to bring it into line with the Bill in certain respects. It repeals references to the old planning system, brings up to date the definition. of "local planning authority" and puts the new town designation order in the same position as a development plan, with regard to the right of appeal to your Lordships' House if the order is challenged in the Courts. I beg to move.

Amendment moved—

Page 150, line 48, column 2, at end insert ("In the Fourth Schedule, after the modification of subsection (1) of Section sixteen of the Act of 1944 there shall be inserted the words 'subsection (3) shall be omitted'; at the end of the modification of Section twenty-two of the said Act there shall be added the words 'and in subsection (3) for the words from "the terms of an interim development order" to the end of the subsection there shall be substituted the words "permission granted under Part III of the Town and Country Planning Act, 1947"'; and in the modification of Section sixty-five of the said Act for the words 'and "loan charges" shall not apply' there shall be substituted the words "interim development application", "interim development authority", "loan charges" and "planning scheme" shall not apply, in the definition of "local planning authority" for the words "has the meaning assigned to it by Section fifty-five of this Act" there shall be substituted the words "means the local planning authority within the meaning of the Town and Country Planning Act, 1947"'").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

The last is a consequential drafting Amendment arising out of previous Amendments. I beg to move.

Amendment moved—

Page 150, line 48, at end insert—

("The Civil Aviation Act, 1946, 9 & 10 Geo. 6. c. 70.	In section thirty, in subsection (1) after the word 'shall', in the first place where that word occurs, there shall be inserted the words 'as amended by the Town and Country Planning Act, 1947' and for the words 'Part I of that Act' there shall be substituted the words 'Part IV of the last mentioned Act'").
	—(Lord Henderson.)

On Question, Amendment agreed to.

Eighth Schedule, as amended, agreed to.

5.30 p.m.

Ninth Schedule [Enactments Repealed]:

LORD HENDERSON

This is a drafting Amendment, consequential upon the general application of the Acquisition of Land (Assessment of Compensation) Act, 1919, to the compulsory purchase of land by statutory undertakers by Clause 54 (1) of the Bill and the repeal of Part II of the 1944 Act. I beg to move.

Amendment moved—

Page 151, line 10, column 3, at end insert ("in Section twenty-six, in paragraph (b) of subsection (2) the words from 'including' to the end of the paragraph").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This also is a drafting Amendment, consequential upon the repeal of Part II of the 1944 Act. I beg to move.

Amendment moved— Page 151, line 12, column 3, after ("sixty-two") insert ("in Section sixty-four, the words 'except in so far as is otherwise provided by this Act': in the Sixth Schedule, in sub-paragraph (4) of paragraph 1 the words 'and as amended by Part II of this Act'").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This again is drafting. The Ninth Schedule already provides for a parallel Amendment to the Local Government Act, 1933. I beg to move.

Amendment moved—

Page 153, line 23, at end insert—

("2 & 3 The London Geo. 6. Government c. 40. Act, 1939.	In the Fifth Schedule the words 'The Town and Country Planning Act, 1932' ")
	—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This, too, is drafting. It is to correct a drafting error. I beg to move.

Amendment moved—

Page 153, line 39, column 3, leave out from beginning to ("sections") in line 40.—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This is drafting. This definition is no longer necessary. I beg to move.

Amendment moved— Page 153, line 45, column 3, after ("clearing") insert ("'ecclesiastical property'").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

The remaining Amendments to this Schedule are also either drafting or consequential. I beg to move.

Amendments moved—

Page 154, line 6, leave out ("and")

line 8, column 3, after ("completion") insert ("'Valuation Office' and 'war damage'")

line 10, after ("and") insert ("the word 'or' at the end of sub-paragraph (a) and")

line 13, column 3, leave out the second ("and")

line 15, column 2, at end insert ("and paragraph 12 of the Sixth Schedule")

line 16, column 3, at beginning insert ("Subsection (5) of section ten and")

Page 155, line 10, column 3, after ("1944") insert ("in the First Schedule, sub-paragraph (2) of paragraph 15").—(Lord Henderson.)

On Question, Amendments agreed to.

Ninth Schedule, as amended, agreed to.

Tenth Schedule [Transitory provisions consequential on repeals]:

LORD HENDERSON

This Amendment is preparatory to the next but one Amendment. I beg to move.

Amendment moved— Page 157, line 33, at the beginning insert ("Subject as hereinafter provided").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This Amendment corrects a drafting error. I beg to move.

Amendment moved— Page 157, line 36, leave out from ("under") to ("with") in line 37 and insert ("a planning scheme").—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

The broad effect of this next Amendment is that agreements made for restricting the development or use of land under Section 34 of the 1932 Act will continue in force until they are varied or revoked by order of the Minister on the grounds that they are inconsistent with proper planning requirements, or by an award of an arbitrator on the grounds that the effect on the Bill or of anything done thereunder makes it just to make such variation. I beg to move.

Amendment moved— Page 157, line 38, leave out from ("shall") to end of line 38 and insert ("if in force on the appointed day, continue in force in accordance with the terms thereof and may be enforced under the said Section thirty-four or under the scheme, as the case may be: Provided that—

1. (a) nothing in any such agreement shall be construed as restricting or requiring the exercise, in relation to land to which any such agreement applies, of any powers exercisable by any Minister or authority under this Act;
2. (b) if the Minister is satisfied, on application made to him by any person being a party to any such agreement, or a person entitled to land affected thereby, that any restriction on the development or use of the land imposed by the agreement is inconsistent with the proper planning or development of the area comprising the land, he may by order discharge or modify that restriction so far as appears to him to be expedient;
3. (c) without prejudice to the provisions of the foregoing paragraph, if any person being a party to any such agreement (whether as originally made or as modified under the foregoing paragraph), or a person entitled to land affected thereby, claims that the agreement ought to be modified or rescinded having regard to the provisions of this Act or anything done thereunder, he may refer to arbitration the question whether the agreement should be so modified or rescinded, and the arbitrator may make such award as appears to him to be just having regard to all the circumstances.")—(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This Amendment deals with the protection of the rights of compensation of the staff. I beg to move.

Amendment moved— Page 157, line 38, at end insert—("11. The repeal of Section fifty-one of the Act of 1932 shall not affect the rights of any person arising under that section in consequence of any event occurring before the appointed day.") —(Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

This Amendment and the next five Amendments amend paragraphs 14 and 15 of the Tenth Schedule (transitory provisions). Their combined effect is that where on the appointed day proceedings have begun on a declaratory order for a "blitz area" under Section 1 of the 1944 Act, but the order has not yet been confirmed, the Minister may, if he thinks fit, direct that proceedings for the confirmation of the order may continue under the 1944 Act. The order will then take effect, for the purposes of paragraph 15 of the Schedule, as if it had been made before the appointed day. I beg to move.

Amendment moved— Page 158, line 33, leave out from ("day") to ("for") in line 35 and insert ("application has been made to the Minister").—(Lord Henderson.)

On Question, Amendment agreed to.)

LORD HENDERSON

I beg to move the next five Amendments.

Amendments moved—

Page 158, line 35, leave out ("that Act") and insert ("the Act of 1944");

line 37, leave out from ("that") to end of line 41 and insert ("proceedings on the application shall be continued under that Act after that day; and where any such direction is given, Section one of the Act of 1944, and Section thirteen of that Act and the First Schedule to that Act so far as they relate to an order under the said Section one, shall continue to apply in relation to the application, and an order may be made thereon accordingly");

line 44, after ("Act") insert ("or where any such order has been made after the appointed day by virtue of the last foregoing paragraph");

Page 159, line 1, leave out from ("any") to end of line 2 and insert ("such order");

line 8, leave out ("before the appointed day").—(Lord Henderson.)

On Question, Amendments agreed to.

LORD HENDERSON

Paragraph 15 of the Tenth Schedule preserves the operation of any compulsory purchase order confirmed or made under the 1944 Act before the appointed day (on which the 1944 Act is repealed), and allows orders which have not reached confirmation stage on that day to be completed under the 1944 Act. This Amendment makes it clear that these orders shall be deemed for the purposes of the Bill to have been made under Part IV and not under the 1944 Act. I beg to move.

Amendment moved— Page 159, line 19, leave out from ("effect") to end of line 22 and insert ("as if it had been made under the Acquisition of Land (Authorisation Procedure) Act, 1946, as applied by Part IV of this Act.

17. For the purposes of the Act of 1944 as amended by this Act—

1. (a) any land acquired by a Minister in pursuance of any such order as is mentioned in the last foregoing paragraph shall be deemed to have been acquired under Section twenty-six of this Act;
2. (b) any land acquired by a local authority in pursuance of any such order as aforesaid shall be deemed to have been acquired under Section thirty-seven of this Act;
3. (c) any land acquired by a local authority by agreement under the Act of 1944 shall be deemed to have been acquired under Section thirty-nine of this Act.") — (Lord Henderson.)

On Question, Amendment agreed to.

LORD HENDERSON

The next Amendment enables the Home Secretary to revoke or vary orders under the Licensing Planning (Temporary Provisions) Acts in consequence of the transfer by the Bill of planning functions to new authorities—county councils, instead of county district councils. I beg to move.

Amendment moved—

Page 159, line 22, at end insert— ("17. The Secretary of State may by order revoke or vary any order made under the Licensing Planning (Temporary Provisions) Acts, 1945 and 1946, so far as may be necessary or expedient in consequence of the provisions of this Act amending those Acts, or in consequence of any order made under Section four of this Act constituting a joint board at the local planning authority in any area which comprises, or the whole or part of which is included in, a licensing planning area but subject as aforesaid nothing in this Act or in any order made under the said Section four shall affect the validity of any order made under the said Acts before the appointed day, or before the date of the order under the said Section four, as the case may be, or of anything done under any such order.") —(Lord Henderson.)

THE EARL OF MUNSTER

I take it that this portion will only come into operation when it is necessary to amend an original order. If the local planning authority turns out to be some body different from the local authority reigning in the immediate neighbourhood, the Secretary of State will make an order; but not otherwise.

LORD HENDERSON

I think that the noble Lord is probably right.

On Question, Amendment agreed to.

Tenth Schedule, as amended, agreed to.

LORD HENDERSON moved, after the Tenth Schedule, to insert:

"ELEVENTH SCHEDULE.

UNREPEALED PROVISIONS OF THE TOWN AND COUNTRY PLANNING ACT, 1944, REPRINTED AS AMENDED BY THIS ACT.

Provisions as to purchase of licensed premises.

15. Where land purchased under Part IV of the Town and Country Planning Act, 1947, not being land comprised in a licensing planning area within the meaning of the Licensing Planning (Temporary Provisions) Acts, 1945 and 1946, comprises premises in respect of which an old on-licence is in force, the following provisions shall have effect:—

1. (a) the purchasing authority, before purchasing the premises, may undertake that in the event of the renewal of the licence being refused, they will repay to the compensation authority towards the compensation payable on such refusal under the Licensing (Consolidation) Act, 1910, such contribution as may be specified in the undertaking, and any sum payable by the purchasing authority in pursuance of such an undertaking shall be treated as part of their expenses in purchasing the land;
2. (b) if, after purchasing or contracting to purchase the premises, the purchasing authority intimate to the licensing justices that they are willing to surrender the licence, the licensing justices may refer the matter to the compensation authority and that authority, on being satisfied that the licence, if not surrendered, might properly have been dealt with as a redundant licence, shall contribute out of the compensation fund towards the compensation paid by the purchasing authority in respect of the purchase of the premises a sum not exceeding the compensation which would have been payable under the Licensing (Consolidation) Act, 1910, on the refusal of the renewal of the licence.

Disposal or appropriation by local authorities of land held by them for purposes of Part IV of the Town and Country Planning Act, 1947.

19.—(1) The following provisions of this section shall have effect with respect to the disposal or appropriation by a local authority of land which has been acquired under Section thirty-seven or Section thirty-nine of the Town and Country Planning Act, 1947, or appropriated for purposes for which land can be acquired under those sections, and is for the time being held by the authority for the purposes for which it was acquired or appropriated.

(2) Subject to the provisions of subsections (4) and (5) of this section, the authority may dispose of any such land to such person, in such manner and subject to such conditions as may appear to them to be expedient in order to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out thereon, whether by themselves or by any other person, or to secure the erection, construction or carrying out thereon of any buildings or works appearing to them to be needed for the proper planning of the area of the authority.

(3) Subject to the provisions of subsection (4) of this section, the authority may appropriate any such land for any purpose for which they are or may be authorised in any capacity to acquire land by virtue of or under any enactment other than Part IV of the Town and Country Planning Act, 1947, and, in relation to an appropriation under this subsection, subsections (2) and (3) of Section one hundred and sixty-three of the Local Government Act, 1933, and subsections (2) and (3) of Section one hundred and six of the London Government Act, 1939 (which relate to the operation of Section sixty-eight of the Lands Clauses Consolidation Act, 1845, and to adjustments in accounts, on appropriations under those sections respectively) shall have effect as they have effect in relation to appropriations under those sections respectively.

(4) The consent of the Minister shall be requisite to any disposal or appropriation of land by a local authority under this section, and may be given as respects either a particular disposal or appropriation or disposals or appropriations of any class, and either subject to or free from any conditions or limitations.

(5) The consent of the Minister to a sale by a local authority under this section of the freehold in any land, or to a lease by them thereunder of any land for a term of more than ninety-nine years, shall not be given unless he is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient as mentioned in subsection (2) of this section.

(6) The powers conferred by this section on a local authority in respect of the disposal of land thereunder, and on the Minister in respect of consent to such disposal, shall, in the case of land comprised in an area defined by a development plan as an area of comprehensive development or of land contiguous or adjacent to any such area which is designated by the development plan as subject to compulsory acquisition by the appropriate authority, be so exercised as to secure so far as may be practicable to persons who were living or carrying on business or other activities, on any such land which the authority have acquired as mentioned in subsection (1) of this section, who desire to obtain accommodation on such land, and who are willing to comply with any requirements of the authority as to the develop- ment and use of such land, an opportunity to obtain thereon accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such land has been acquired from them.

(7) If it appears to the Minister that it is expedient as mentioned in subsection (2) of this section that a local authority should dispose of land under this section to any person and the authority have refused to dispose of it to him or are unable to reach agreement with him as to the manner in which or the terms or conditions on or subject to which it is to be disposed of to him, the Minister may, after consultation with the authority and that person, require the authority to offer to dispose of it to him, and give directions as to the manner of the disposal and as to all or any of the terms or conditions on or subject to which it is to be offered to him:

Provided that the authority shall not be required by any such directions (except to such extent as may appear to the Minister to be requisite in any particular case for giving effect to the last preceding subsection) to offer to dispose of land for a money consideration less than the best that can reasonably be obtained, having regard to the other terms and conditions on and subject to which the offer is to be made, so, however, that in estimating the best consideration any amount which only a particular purchaser might be prepared to offer by reason of special needs of his shall be disregarded, and any difference as to what is the best consideration shall be referred to and determined by an arbitrator agreed between the Minister and the authority or, in default of agreement, by an official arbitrator to be appointed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

(8) In the exercise of the powers conferred by this section, a local authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular buildings included in any list compiled or approved under the provisions of Section twenty-eight of the Town and Country Planning Act. 1947, and the Minister shall not give his consent to the disposal or appropriation under this section of any land comprising a building included in such a list unless either—

1. (a) the consent is give n subject to such conditions or limitations as in the opinion of the Minister will secure the preservation of the building; or
2. (b) the Minister is satisfied, after causing such particulars as appear to him requisite of the disposal or appropriation for which his consent is sought to be published by Gazette and local advertisement not less than twenty-eight days before he gives his decision on the application for his content, that the purpose which the local authority seek to achieve by the proposed exercise of their powers under this section is one which ought in the public interest to be carried out, and either that the preservation of the building would prevent the carrying out of that purpose, whether by the use of the land in question or otherwise, or that the effect of preserving the building on the carrying out as aforesaid of the said purpose would be such that notwithstanding the desirability of preserving the building it is inexpedient so to do.

In this subsection the expression "preservation," in relation to a building, means the preservation thereof either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character.

(9) In this section references to disposal of land shall be construed as references to disposal thereof in any manner (otherwise than by appropriation) whether by way of sale, exchange or lease, by the creation of any easement, right or privilege, or in any other manner, except disposal by way of gift, mortgage or charge.

(10) In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of subsection (1) of Section one hundred and sixty-three and Sections one hundred and sixty-four and one hundred and sixty-five of the Local Government Act, 1933, or of subsection (1) of Section one hundred and six and Sections one hundred and seven and one hundred and eight of the London Government Act, 1939, as the case may be.

(11) Section one hundred and sixty-six of the Local Government Act, 1933, and Section one hundred and nine of the London Government Act, 1939 (which relate to the application of capital money received from the disposal of land) shall have effect as respects capital money received in respect of transactions under the provisions of this section relating to the disposal of land as they have effect in relation to capital money received in respect of such transactions as are mentioned in those sections respectively.

Power of local authorities to carry out development of land held by them for purposes of Part IV of the Town and Country Planning Act, 1947.

20.—(1) The functions of a local authority shall include power for the authority, notwithstanding any limitation imposed by law on the capacity of such a body by virtue of its constitution, to erect, construct or carry out on any such land as is mentioned in subsection (1) of Section nineteen of this Act. any building or work not being a building or work for the erection, construction or carrying out of which, whether by them or by any other person, statutory power already exists by virtue of or under an enactment other than Part IV of the Town and Country Planning Act, 1947, or could be conferred under an enactment other than Part IV of the Town and Country Planning Act, 1947.

(2) The consent of the Minister shall be requisite to any exercise by a local authority of the power conferred on them by the preceding subsection, and may be given as respects either a particular operation or operations of any class, and either subject to or free from any conditions or limitations.

(4) Where a local authority propose to carry out any operation which they would have power to carry out by virtue only of subsection (1) of this section, they shall notify the Minister of their proposal, and the Minister may direct such advertisement by the authority as appears to him to be requisite for the purposes of subsection (2) of this section.

(5) The functions of a local authority shall include power for the authority, notwithstanding any such limitation as is mentioned in subsection (1) of this section, to repair, maintain and insure any buildings or works on such land as is mentioned in the said subsection (1), and generally to deal therewith in a proper course of management.

(6) Subsection (8) of the last preceding section shall apply to the power conferred on a local authority by subsection (1) of this section as it applies to the powers conferred by that section, with the substitution for references to the disposal of land of references to the carrying out of any such operation as is mentioned in subsection (1) of this section.

(7) A local authority may, with the consent of the Minister, enter into arrangements with an authorised association, as defined in Section thirty-five of the Town and Country Planning Act, 1932, for the carrying out by the association of any operation which, apart from the arrangements, the local authority would have power under this section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements:

Provided that nothing in this subsection shall be construed as authorising such an association to carry out any operation which they would not have power to carry out apart from this subsection.

(8) Nothing in this section shall be construed as authorising any act or omission on the part of a local authority which is actionable at the suit of any person on any ground other than such limitation as is mentioned in subsection (1) of this section.

Authorisation of development on land acquired for purposes of Part IV of the Town and Country Planning Act, 1947, notwithstanding interference with easements, etc.

22.—(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act, or which has been acquired by the Central Land Board under Section forty-two of the Town and Country Planning Act, 1947, whether done by the local authority or by any person deriving title under the local authority or under the Board, as the case may be, shall be deemed to be authorised by this section if it conforms with planning control, notwithstanding that it involves interference with any easement or other servitude or breach of any restriction as to the user of land arising by virtue of any contract, but subject to payment of compensation under Section sixty-three or sixty-eight of the Lands Clauses Consolidation Act, 1845, to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase under that Act or the injury arises from the execution of works on land acquired under that Act:

Provided that nothing in this subsection shall authorise interference with any such right as is mentioned in Section twenty-five of this Act.

(2) Any liability of a person deriving title under the local authority by whom the land in question was acquired or appropriated, or under the Central Land Board, to pay such compensation as aforesaid which that person fails to discharge shall be enforceable against that authority, or against the Board, as the case may be:

Provided that nothing in this subsection shall be construed as affecting any agreement between the authority or Board and any other person for indemnifying the authority or Board against any liability under this subsection.

(3) For the purposes of subsection (1) of this section, the erection, construction or carrying out. or maintenance, of any building or work shall be treated as conforming with planning control if it is done in accordance with permission granted under Part III of the Town and Country Planning Act, 1947, and not otherwise.

(4) Nothing in this section shall be construed as authorising any act or omission on the part of a local authority, or of any body corporate, in contravention of any limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person which is actionable at the suit of any person on any ground other than such interference or breach as is mentioned in subsection (1) of this section.

(5) in this section the expression "servitude" means any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, and includes a natural right to support.

Power to extinguish highways over land acquired for purposes of Part IV of the Town and Country Planning Act, 1947.

23.—(1) The Minister may by order extinguish any public right of way over any such land as is mentioned in subsection (1) of Section nineteen of this Act if he is satisfied that an alternative right of way has been or will be provided or that the provision thereof is not required.

(2) The Sixth Schedule to the Town and Country Planning Act, 1947, shall apply to an order under this section as it applies to an order under Section forty-seven of that Act, and the said Schedule shall, in its application to an order under this section, have effect as if for any reference therein to the Minister of Transport there were substituted a reference to the Minister.

(3) The Minister of Transport, or a local highway authority may be authorised to purchase land compulsorily for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under this section; and the Acquisition of Land (Authorisation Procedure) Act, 1946, shall apply to the compulsory acquisition of land under this subsection and accordingly shall have effect—

1. (a) as if this subsection had been in force immediately before the commencement of that Act;
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2. (b) as if this subsection were included among the enactments specified in paragraph (b) of subsection (1) of Section one of that Act;

Provided that Section two of the said Act shall not apply to the compulsory acquisition of land under this subsection.

(4) Where on the application of a local authority an order is made under this section extinguishing a public right of way, and at the time of publication of the notice required by paragraph 1 of the Sixth Schedule to the Town and Country Planning Act, 1947, there was under, in, upon, over, along or across the land over which the right of way subsisted any telegraphic line belonging to or used by the Postmaster-General,—

1. (a) the power of the Postmaster-General to remove the line shall be exercisable notwithstanding the making of the order, so however that the said power shall not be exercisable, as respects ahe whole or any part of the line, after the expiration of a period of three months from the date on which the right of way is extinguished unless before the expiration of that period the Postmaster-General has given notice to the local authority of his intention to remove the line or that part thereof, as the case may be;
2. (b) the Postmaster-General may by notice to the local authority in that behalf abandon the said line or any part thereof, and shall be deemed, as respects the line or any part thereof, to have abandoned it at the expiration of the said period of three months unless before the expiration of that period he has removed it or given notice of his intention to remove it;
3. (c) the Postmaster-General shall be entitled to recover from the local authority the expense of providing, in substitution for the line and any telegraphic line connected therewith which is rendered useless in consequence of the removal or abandonment of the line, a telegraphic line in such other place as the Postmaster-General may require;
4. (d) where under paragraph (b) of this subsection the Postmaster-General has abandoned the whole or any part of a telegraphic line, it shall vest in the local authority, and the provisions of the Telegraph Acts, 1863 to 1943, shall not apply in relation to the line or part in question as respects anything done or omitted after the abandonment thereof.

In this subsection the expression "telegraphic line" has the same meaning as in the Telegraph Act, 1878.

(5) Regulations made under the Town and Country Planning Act, 1947, may provide for securing that any proceedings required to be taken for the purposes of an order under this section may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished, or for securing that any proceedings required to be taken for the purposes of the acquisition of any other land under subsection (3) of this section may be taken concurrently with either or both of the said proceedings.

Extinguishment of private ways, and rights as to apparatus, over or in land purchased for purposes of Part IV of the Town and Country Planning Act, 1947.

24.—(1) Upon the completion by the purchasing authority of a compulsory purchase under Part IV of the Town and Country Planning Act, 1947, of any land, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on under or over the land shall be extinguished and any such apparatus shall vest in the purchasing authority.

Provided that this section shall not apply to any right vested in, or any apparatus belonging to, the person carrying on a statutory undertaking for the purpose of the carrying on thereof, and shall have effect as respects other matters subject to any direction given by the purchasing authority before the completion of the purchase that this section shall not apply to any right or apparatus specified in the direction and subject to any agreement which may be made (whether before or after the completion of the purchase) between the purchasing authority and the person in or to whom the right or apparatus in question is vested or belongs.

(2) Any person who suffers loss by the extinguishment of any right or the vesting of any apparatus under this section shall be entitled to be paid by the purchasing authority compensation, to be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(3) Expenses incurred by a Minister or the Central Land Board in the payment of compensation under the last preceding subsection shall be defrayed out of moneys provided by Parliament.

Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers.

25.—(1) Where there subsists over land which has been acquired by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of section nineteen of this Act, any right of way or any right of laying down, erecting, continuing or maintaining any apparatus on under or over the land, or there is on under or over any such land any apparatus, vested in or belonging to the person carrying on a statutory undertaking for the purpose of the carrying on thereof, the purchasing or appropriating authority may serve on the said person a notice that at the expiration of such period as may be specified in the notice the right will be extinguished, or requiring that before the expiration of such period as may be so specified the apparatus shall be removed.

(2) A person on whom a notice is served under the preceding subsection may before the expiration of twenty-eight days from the service of the notice serve a counter-notice on the purchasing or appropriating authority stating that he objects to all or any of the provisions of the notice and specifying the grounds of his objection.

(3) If no counter-notice is served under the last preceding subsection, any right to which the notice relates shall be extinguished at the end of the period so specified in that behalf in the notice, and if at the end of the period so specified in relation to any apparatus any requirement of the noticee as to the removal of the apparatus has not been complied with, the purchasing or appropriating authority may remove the apparatus and dispose thereof in any way they or he may think fit.

(4) If a counter-notice is served under subsection (2) of this section on a local authority or on statutory undertakers, the authority or undertakers may either withdraw the notice (without prejudice, however, to the service of a further notice) or apply to the Minister and the appropriate Minister for an order embodying, either with or without modification, the provisions of the notice, and the Minister and the appropriate Minister may if they think fit, after affording to the person carrying on the undertaking on whom the notice was served under subsection (1) of this section an opportunity of objecting to the application and, if any objection is made, after considering the objection and affording to the said person and to the authority or undertakers on whom the counter-notice was served in opportunity of appearing before and being heard by a person appointed by the Minister and the appropriate Minister for the purpose, make an order in accordance with the application, either with or without modification.

(5) If a counter-notice is served under subsection (2) of this section on a Minister or the Central Land Board, either he or they may withdraw the notice (without prejudice, however, to the service of a further notice) and he or they and the appropriate Minister may make an order embodying, either with or without modification, the provisions of the notice.

Where a Minister and the appropriate Minister, or the Central Land Board and the appropriate Minister, propose to make an order under this subsection, they shall prepare a draft of the order and shall afford to the person carrying on the undertaking an opportunity of objecting to the proposal and, if any objection is made, shall consider the objection and afford to the said person an opportunity of appearing before and being heard by a person appointed by them for the purpose, and may then make an order in accordance with the draft, either with or without modification.

(6) Subsection (3) of this section shall apply to an order made under either of the two last preceding subsections as it applies to a notice in respect of which no counter-notice is served, but with the substitution for references to a notice of references to an order.

(7) Where an objection to an order under subsection (4) or (5) of this section is duly made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure.

(8) In respect of the extinguishment of any right, or the imposition of any requirement, under this section the person carrying on a statutory undertaking shall be entitled to recover from the purchasing or appropriating authority at whose instance the right was extinguished or the requirement was imposed compensation in accordance with Part I of the Fourth Schedule to this Act.

(9) Expenses incurred by a Minister or the Central Land Board in the payment of compensation under the last preceding subsection shall be defrayed out of moneys provided by Parliament.

Extension and modification of powers and duties of statutory undertakers.

26.—(1) Where it appears to the Minister and the appropriate Minister, on a representation made by the person carrying on a statutory undertaking, that—

1. (a) in order to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a local authority or Minister may be authorised under Part IV of the Town and Country Planning Act, 1947, to acquire land, or
2. (b) in order to facilitate any adjustment of the carrying on of the undertaking necessitated by the acquisition under Part IV of the Town and Country Planning Act, 1947, of any land an interest in which was held, or which was used, for the purpose of the carrying on of the undertaking, or necessitated by the extinguishment of any right, or the imposition of any requirement, under the last preceding section, or necessitated by a decision on an application made under Part III of the Town and Country Planning Act, 1947, by a person carrying on the undertaking for permission to develop any such land or by the revocation or modification of permission granted on such an application or by the making of an order under section twenty-four of that Act in relation to any such land,

it is expedient that the powers and duties of the said person in relation to the carrying on of the undertaking should be extended or modified, the Minister and the appropriate Minister may by order provide for such extension or modification of the said powers and duties as appears to them to be requisite in order to secure the provision of services as mentioned in paragraph (a) of this subsection, or to facilitate the adjustment of the undertaking as mentioned in paragraph (b) of this subsection, as the case may be.

(2) Without prejudice to the generality of the provisions of the preceding subsection, an order under the preceding subsection may provide—

1. (a) for empowering the person carrying on the undertaking to acquire, whether compulsorily or by agreement, any land specified in the order and to erect or construct any buildings or works so specified;
2. (b) for applying in relation to the acquisition of such land and the construction of such works enactments relating to the acquisition of land and the construction of works:
3. (c) for giving effect, where it has been represented that the making of the order is expedient for the purposes of paragraph (a) of the preceding subsection, to such financial arrangements between the local authority or Minister and the person carrying on the 86 undertaking as they may agree or, in default of agreement, as may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

and for such incidental and supplemental matters as appear to the Minister and the appropriate Minister to be expedient for the purposes of the order.

(3) As soon as may be after making a representation under subsection (1) of this section, the person carrying on the undertaking in question shall publish, in such form and manner as may be directed by the Minister and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, and shall also, if it is so directed by the Minister and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

(4) The provisions of the First Schedule to this Act shall have effect in relation to the making of an order on the representation if any objection thereto is duly made, and, subject to those provisions in a case in which they have effect, the Minister and the appropriate Minister may, if they think fit, make an order.

(5) A local authority or Minister may represent to the Minister and the appropriate Minister that the making of an order under subsection (1) of this section as respects any statutory undertaking is expedient for the purpose of securing the provision of new services, or the extension of existing services, for any purpose in connection with which the local authority or Minister may be authorised under Part IV of the Town and Country Planning Act, 1947, to acquire land, and where such a representation is made the preceding provisions of this section shall have effect as if the representation had been made by the person carrying on the undertaking in question, but with the substitution in subsection (3) for the reference to the person carrying on the undertaking of a reference to the local authority or Minister.

(6) An order under this section shall be subject to special parliamentary procedure.

Relief of statutory undertakers from obligations rendered impracticable by exercise of powers of Part IV of the Town and Country Planning Act, 1947.

27.—(1) Where on a representation in that behalf made by the person carrying on a statutory undertaking the appropriate Minister is satisfied that—

1. (a) the compulsory purchase under Part IV of the Town and Country Planning Act, 1947, of any land an interest in which was held, or which was used, for the purpose of the carrying on of the undertaking;
2. (b) a decision on an application under Part III of the said Act by a person carrying on the undertaking for permission to develop any such land, or the revocation or modification of permission granted on such an application, or the making of an order under Section twenty-four of that Act in relation to any such land; or
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3. (c) the extinguishment under Part IV of that Act of any right, or the imposition of any requirement as to the removal of apparatus, vested in or belonging to the said person,

has rendered impracticable the fulfilment of any obligation of the said person incurred in connection with the carrying on of the undertaking, the appropriate Minister may by order direct that the said person shall be relieved of the fulfilment of the obligation either absolutely or to such extent as may be specified in the order.

(2) As soon as may be after making a representation to the appropriate Minister under the preceding subsection, the person carrying on the undertaking in question shall, as may be directed by the appropriate Minister, either publish, in such form and manner as may be so directed, a notice giving such particulars as may be so directed of the matters to which the representation relates and specifying the time within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons or persons of such classes, as may be so directed, or both publish and serve such notices.

(3) The provisions of the First Schedule to this Act shall have effect in relation to the making of an order on the representation of any objection thereto is duly made, and, subject to those provisions in a case in which they have effect, the appropriate Minister may, if he thinks fit, make an order.

(4) If any objection to the making of an order under this section is made and is not withdrawn before the making of the order, the order shall be subject to special parliamentary procedure.

(5) In relation to an order made under this section subsections (1) to (3) of Section ten of the Town and Country Planning Act, 1947, shall apply, subject to any necessary modifications, as they apply in relation to a development plan approved by the Minister under that Act, and accordingly the said subsection (1) shall have effect as if for the reference therein to the local planning authority there were substituted a reference to the appropriate Minister:

Provided that where any such order is subject to special parliamentary procedure, then—

1. (a) if the order is confirmed by Parliament under Section six of the Statutory Orders (Special Procedure) Act, 1945, subsections (2) and (3) of the said Section ten shall not apply;
2. (b) in any other case those subsections shall have effect in relation to the order as if in subsection (2) for the reference to the date on which the notice required by subsection (1) of the said Section ten is first published there were substituted a reference to the date on which the order becomes operative under Section six of the Statutory Orders (Special Procedure) Act, 1945, and as if in subsection (3) the words from "and shall become operative" to the end of the subsection were omitted.

Authorisation of use and development of consecrated land, and burial grounds, notwithstanding restrictions.

28.—(1) Any consecrated land, whether or not including any building, which has been acquired by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of section nineteen of this Act, may, subject to the provisions of this section, be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work,—

1. (a) in the case of land acquired by a purchasing authority other than a Minister, or of land appropriated by a local authority as aforesaid, by that authority or by any other person, if that use conforms with planning control, or
2. (b) in the case of land acquired by the Minister, by him or on his behalf for any purpose for which he acquired the land,

notwithstanding any obligation or restriction imposed under ecclesiastical law or otherwise as respects such land:

Provided that the provisions of subsection (4) of this section shall have effect to the exclusion of the provisions of this subsection as respects consecrated land being or forming part of a burial ground.

(2) Any use of consecrated land authorised by the preceding subsection, and the use of any land, not being consecrated land, acquired or appropriated as therein mentioned which at the time of acquisition or appropriation included any church or other building used or formerly used for religious worship or the site thereof, shall be subject to compliance with the prescribed requirements with respect to the removal and reinterment of any human remains and the disposal of monuments or other memorials and of fixtures and furnishings, and, in the case of consecrated land, subject to such provisions as may be prescribed for prohibiting or restricting the use of the land, either absolutely or until the prescribed consent has been obtained, so long as any church or other building used or formerly used for religious worship or any part thereof, remains on the land.

(3) Any regulations made for the purposes of the last preceding subsection—

1. (a) shall contain such provisions as appear to the Minister to be requisite for securing that any use of land which is subject to compliance with the regulations shall, as nearly as may be, be subject to the like control as is imposed by law in the case of a similar use authorised by an enactment other than this Act or by a Measure or as it would be proper to impose on a disposal of the land in question otherwise than in pursuance of an enactment or Measure;
2. (b) shall contain requirements relating to the disposal of any such land as is mentioned in the last preceding subsection such as appear to the Minister requisite for securing that the provisions of that subsection shall be complied with in relation to the use of the land; and
3. (c) may contain such incidental and consequential provisions (including provisions 89 as to the closing of registers) as appear to the Minister to be expedient for the purposes of the regulations.

(4) Any land consisting of a burial ground or part of a burial ground which has been acquired by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act, may be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work,—

1. (a) in the case of land acquired by a purchasing authority other than a Minister, or of land appropriated by a local authority as aforesaid, by that authority or by any other person, if that use conforms with planning control, or
2. (b) in the case of land acquired by a Minister, by him or on his behalf for any purpose for which he acquired the land,

notwithstanding anything in any enactment relating to burial grounds or any obligation or restriction imposed under ecclesiastical law or otherwise as respects burial grounds:

Provided that this subsection shall not have effect as respects any such land which has been used for the burial of the dead until the prescribed requirements with respect to the removal and reinterment of human remains, and the disposal of monuments, tombstones or other memorials, in or upon the land have been complied with.

(5) Provision shall be made by any regulations made for the purposes of subsection (2) of this section and the proviso to the last preceding subsection—

1. (a) for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any tombstones, monuments or other memorials;
2. (b) for enabling the personal representatives or relatives of any deceased person themselves to undertake the removal and reinterment of the remains of the deceased, and the disposal of any tombstone, monument or other memorial commemorating the deceased, and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal, not exceeding such amount as may be prescribed;
3. (c) for requiring compliance with such reasonable conditions, if any, as may be imposed, in the case of consecrated ground, by the Bishop of the diocese, with respect to the manner of removal, and the place and manner of reinterment of any human remains, and the disposal of any tombstones, monuments or other memorials, and with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.

Any expenses incurred by a Government department or the Central Land Board under paragraph (b) of this subsection shall be defrayed out of moneys provided by Parliament.

(6) Subject to the provisions of any such regulations as aforesaid, no faculty shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal and disposal of any tombstones, monuments or other memorials, and the provisions of Section twenty-five of the Burial Act, 1857 (which prohibits the removal of human remains without a licence of the Secretary of State except in certain cases) shall not apply to a removal carried out in accordance with the regulations.

(7) In this section—

1. (a) the expression "burial ground" includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purpose of interment;
2. (b) references to conformity with planning control shall be construed in accordance with subsection (3) of Section twenty-two of this Act, with the substitution for references therein to anything done as therein mentioned of references to any use of land, whether or not involving the doing of any such thing.

(8) Nothing in this section shall be construed as authorising any act or omission on the part of a local authority, or of any body corporate, in contravention of any limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person that is actionable at the suit of any person on any ground other than contravention of any such obligation, restriction or enactment as is mentioned in subsection (1) or (4) of this section.

Authorisation of use and development of open spaces, etc., notwithstanding restrictions.

29.—(1) Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been acquired by a purchasing authority under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by a local authority as mentioned in subsection (1) of Section nineteen of this Act, may be used in any manner, whether or not involving the erection, construction or carrying out, or maintenance, of any building or work,—

1. (a) in the case of land acquired by a purchasing authority other than a Minister, or of land appropriated by a local authority as aforesaid, by that authority or by any other person, if that use conforms with planning control, or,
2. (b) in the case of land acquired by a Minister, by him or on his behalf for any purpose for which he acquired the land,

notwithstanding anything in any enactment relating to land of that kind, including any enactment, whether public general or local or private, by which any such land is specially regulated.

(2) In this section—

1. (a) the expressions "common," "open space" and "fuel or field garden allotment" have the same meanings as in the Acquisition of Land (Authorisation Procedure) Act, 1946;
2. (b) the reference to conformity with planning control shall be construed in accordance 91 with subsection (3) of section twenty-two of this Act, with the substitution for references therein to anything done as therein mentioned of references to any use of land, whether or not involving the doing of any such thing.

(3) Nothing in this section shall be construed as authorising any act or omission on the part of a local authority, or of any body corporate, in contravention of any limitation imposed by law on the capacity of such a body by virtue of its constitution, or as authorising any act or omission on the part of any person that is actionable at the suit of any person on any ground other than contravention of any such enactment as is mentioned in subsection (1) of this section.

Provisions as to displacements from land acquired for purposes of Part IV of the Town and Country Planning Act, 1947.

30.—(1) Where the carrying out of redevelopment on any such land as is mentioned in subsection (1) of section nineteen of this Act will involve the displacement of persons residing in premises thereon, it shall be the duty of the authority in so far as there is not other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacements from time to time becoming necessary as the redevelopment proceeds.

(2) Section one hundred and thirty-seven of the Housing Act, 1936 (which imposes obligations as to the provision of housing accommodation where land is acquired under statutory powers) shall not have effect in relation to an acquisition by a local authority under section thirty-seven of the Town and Country Planning Act, 1947.

(3) If the Minister certifies that possession of any house which has been acquired or appropriated and is for the time being held by a local authority as is mentioned in subsection (1) of section nineteen of this Act, is immediately required for the purposes for which it was acquired or appropriated, nothing in the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, shall be deemed to prevent the acquiring or appropriating authority from obtaining possession of the house.

(4) Where possession of any building, or any part of a building, on land which has been acquired or appropriated by a local authority as mentioned in subsection (1) of section nineteen of this Act or which has been acquired by the Central Land Board or a Minister under Part IV of the Town and Country Planning Act, 1947, is required by them or him for the purposes for which it was acquired or appropriated then, whatever may be the value or rent of the building or part of a building, they or he may obtain possession thereof under the Small Tenements Recovery Act, 1838, as in the cases therein provided for, at any time after the tenancy of the occupier has expired or has been determined.

(5) A local authority, the Central Land Board or a Minister may pay to any person who is displaced in the carrying out of redevelopment on land which has been acquired by the local authority, Board or Minister under Part IV of the Town and Country Planning Act, 1947, or which has been appropriated by the local authority as mentioned in subsection (1) of section nineteen of this Act, such reasonable allowance as they think fit towards his expenses in removing, and to a person carrying on any business in a building from which he is so displaced they may pay also such reasonable allowance as they think fit towards the loss which, in their opinion he will sustain by reason of the disturbance to his business consequent on his having to quit the building, and in estimating that loss they shall have regard to the period for which the premises occupied by him might reasonably have been expected to be available for the purpose of his business and the availability of other premises suitable for that purpose.

Provisions as to borrowing for purposes of the Town and Country Planning Act, 1947.

47.—(1) The power of the Public Works Loan Commissioners to make loans under section nine of the Public Works Loans Act, 1875, shall include power to make loans to a local authority for the purpose of the discharge by them of their functions under the Town and Country Planning Act, 1947.

(2) Notwithstanding anything in Section three of the London County Council (Finance Consolidation) Act, 1912, the manner in which the London County Council may borrow shall include in the case of money borrowed by them for the purpose aforesaid, borrowing from the said Commissioners in accordance with the Public Works Loans Acts, 1875 to 1882.

(3) So long as the making of an issue of capital in the United Kingdom without the consent of the Treasury is prohibited by regulations made under the Emergency Powers (Defence) Acts 1939 and 1940, it shall not be lawful to exercise the powers of borrowing conferred by virtue of this Act without such consent.

Works below high-water mark.

49. Nothing in the Town and Country Planning Act, 1947, shall authorise the execution of any works whether of construction, demolition or alteration on, over or under tidal lands below high-water mark or ordinary spring tides, except with the consent of any persons whose consent would have been required if the Town and Country Planning Act, 1947, had not been passed, and except in accordance with such plans and sections and subject to such restrictions and conditions as, previous to such works being commenced, have been approved by the Minister of Transport.

Regulations.

63.—(1) In this Act, except where the context otherwise requires, the expression "prescribed" means prescribed by regulations made by the Minister.

(2) Any regulations made under this Act shall be laid before Parliament as soon as may be after they are made, and if either House of Parliament within the period of forty days beginning with the day on which the regulations are laid before that House resolves that the regulations be annulled the regulations shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of new regulations.

In reckoning any such period of forty days as aforesaid no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.

(3) Notwithstanding anything in subsection (4) of Section one of the Rules Publication Act, 1893, regulations made under this Act shall be deemed not to be, or to contain, statutory rules to which that section applies.

Powers of official arbitrator on references to him.

64. An official arbitrator appointed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, to whose determination any matter is referred under this Act shall have the like powers with respect to procedure, costs and the statement of special cases as he has under that Act.

Interpretation.

65.—(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say— appropriate Minister," in relation to a statutory undertaking, has the same meaning as in the Town and Country Planning Act, 1947; development" includes re-development; Gazette and local advertisement" means, in relation to an application, order or certificate relating to any land, publication in the London Gazette and, in each of two successive weeks, in one or more newspapers circulating in the locality in which the land is situated; owner," in relation to any building or land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the building or land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the building or land under a lease of agreement, the unexpired term whereof exceeds three years; purchasing authority" means a Minister, the Central Land Board, a local authority or any statutory undertakers purchasing under Part IV of the Town and Country Planning Act, 1947; statutory undertaking" has the same meaning as in the Town and Country Planning Act, 1947.

(2) References in this Act to any other enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by this Act or by or under any other enactment.

(3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of the Sixth Schedule to this Act or of any other enactment, is to be deemed to be served.

(4) Any reference in this Act to the Town and Country Planning Act, 1947, or to Part IV of that Act shall be construed as including a reference to any provisions of this Act incorporated with the said Part IV.

Short title and extent.

66.—(1) This Act may be cited as the Town and Country Planning Act, 1944.

(2) This Act shall not extend to Scotland or to Northern Ireland.