HL Deb 02 November 1954 vol 189 cc1102-8

Determination of Relevant Area

1.—(1) Where, in the case of a compulsory acquisition to which Part III of this Act applies, any area of the relevant land which, immediately before the service of the notice to treat, has an unexpended balance of established development value does not satisfy the conditions set out in the next following subparagraph, that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies those conditions.

(2) The conditions referred to in the preceding sub-paragraph are—

  1. (a) that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole thereof; and
  2. (b) that any rentcharge charged on the area in question is charged on the whole thereof.

(3) Any area of the relevant land which has an unexpended balance of established development value and which complies with the conditions set out in the last preceding sub-paragraph is in this Schedule referred to in relation to the interests subsisting therein as 'the relevant area', and the subsequent provisions of this Schedule shall have effect separately in relation to each relevant area.

Preliminary Calculations.

2. There shall be calculated the amount referable to the relevant area of the rent which might reasonably be expected to be reserved if the relevant land were to be let on terms prohibiting the carrying out of any new development but permitting the carrying out of any other development; and the amount so calculated is in this Schedule referred to as 'the existing use rent'.

3.—(1) If—

  1. (a) in the case of an interest in fee simple which is subject to a rentcharge; or
  2. (b) in the case of a tenancy,
so much of the rent reserved under the rentcharge or tenancy as is referable to the relevant area exceeds the existing use rent, there shall be calculated the capital value of the right to receive for the period of the remainder of the term of the rentcharge or tenancy an annual payment equal to the excess; and any amount so calculated in the case of any interest is in this Schedule referred to as 'the rental liability' of that interest.

(2) Where the interest in fee simple is subject to more than one rentcharge, then, for the purposes of the preceding sub-paragraph, as respects any period included in the term of two or more of those rentcharges, those two or more rentcharges shall be treated as a single rentcharge charged on the relevant area for the duration of that period with a rent reserved thereunder of an amount equal to the aggregate of so much of their respective rents as is referable to the relevant area.

4. In the case of any interest in reversion—

  1. (a) there shall be calculated the capital value as at the time immediately before the service of the notice to treat of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the expiration of the tenancy upon the termination of which the interest in question is immediately expectant; and the amount so calculated in the case of any interest is in this Schedule referred to as 'the reversionary development value' of that interest;
  2. (b) if so much of the rent reserved under the tenancy aforesaid as is referable to the relevant area exceeds the existing use rent, there shall also be calculated the capital value as at the time aforesaid of the right to receive for the period of the remainder of the term of that tenancy an annual payment equal to the excess; and any amount so determined in the case of any interest is in this Schedule referred to as 'the rental increment' of that interest.

Apportionment of unexpended balance between interests

5. Where two or more interests other than excepted interests subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each respectively of those interests shall be taken to be the following, that is to say—

  1. (a) in the case of the interest in fee simple, an amount equal to the reversionary development value of that interest less the amount, if any, by which any rental liability of that interest exceeds any rental increment thereof;
  2. (b) in the case of a tenancy in reversion, an amount equal to the reversionary development value of that tenancy less the aggregate of—
    1. (i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy; and
    2. (ii) the amount, if any, by which any rental liability of that tenancy exceeds any rental increment thereof;
  3. (c) in the case of a tenancy other than a tenancy in reversion, the remainder, if any, of the said balance after the deduction of the aggregate of—
    1. (i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy; and
    2. (ii) any rental liability of that tenancy.

Interpretation

6. In this Schedule—

  1. (a) the expression "tenancy" does not include an excepted interest;
  2. (b) any reference to an interest or tenancy in reversion does not include an interest or tenancy in reversion immediately expectant upon the termination of an excepted interest."—(Lord Mancroft.)

On Question, Amendment agreed to.

Fifth Schedule [Special classes of land for which planning permission is to be included in compensation on compulsory acquisition]:

LORD MANCROFT

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

Amendments moved—

Page 97, line 13, leave out ("planning decision granting") and insert ("granting of").

Page 97, line 17, leave out ("said planning decision") and insert ("granting of the planning permission in question").—(Lord Mancroft.)

On Question, Amendments agreed to.

Fifth Schedule, as amended, agreed to.

Sixth Schedule [Enactments amended]:

LORD MANCROFT

This Amendment merely preserves the present effect of Section 20 of the 1947 Act in relation to purchase notices. I beg to move.

Amendment moved—

Page 97, line 22, at end insert— ("1. In section twenty, in subsection (4), at the end there shall be added the words 'if Part III of the Town and Country Planning Act, 1954, had not been passed'.").—(Lord Mancroft.)

On Question, Amendment agreed to.

11.30 p.m.

LORD MANCROFT

This Amendment is also largely drafting. I beg to move

Amendment moved—

Page 97, line 41, leave out from beginning to end of line 23 on page 98 and insert— ("3. In the Third Schedule—

  1. (a) in paragraph 1, after the words "such building)" there shall be inserted the words "and of any other building in existence at a material date, being a building erected after the appointed day";
  2. (b) in paragraphs 2, 4 and 8, for the words" on the appointed day" there shall in each case be substituted the words "at a material date";
  3. (c) in paragraph 6, for the words "on the appointed day" there shall be substituted, in the first place where those words occur, the words "at a material date" and, in the second place where those words occur the words "on and at all times since the appointed day";
  4. (d) in paragraph 7, for the words "on the appointed day" in the first place where they occur there shall be substituted the words "at a material date", and after the said words in the second place where they occur there shall be inserted the words "or on the day thereafter when the buildings began to be so used";
  5. (e) after paragraph 8 there shall be added the following—

"9. In this Schedule, the expression "at a material date" means at either of the following dates, that is to say—

  1. (a) the appointed day; or
  2. (b) the date by reference to which this Schedule falls to be applied in the particular case in question:

Provided that sub-paragraph (b) of this paragraph shall not apply in relation to any building, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

10. Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act limiting the period for which those buildings or works may be retained or that use may be continued is of effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.")—(Lord Mancroft.)

On Question, Amendment agreed to.

LORD MANCROFT

This is a consequential Amendment. I beg to move.

Amendment moved— Page 98, line 40, after ("1954") insert ("and ironstone specified in an order in force under subsection (1) of the said section fifty-six").—(Lord Mancroft.)

On Question, Amendment agreed to.

LORD MANCROFT

This is a drafting Amendment. I beg to move.

Amendment moved—

Page 98, line 41, at end insert— ("(2A) Where, under subsection (2) of this section, contributions at the rate of twopence farthing per ton are payable by a lessee under a mining lease, a sum, computed in accordance with the provisions of the Third Schedule to this Act, may, notwithstanding anything in the lease, be deducted from payments by the lessee under the lease in accordance with the provisions of that Schedule or may be otherwise recovered by the lessee in accordance with those provisions: Provided that this subsection shall not apply—

  1. (a) to any mining lease made after the commencement of section fifty-six of the Town and Country Planning Act, 1954;
  2. (b) to any mining lease made on or after the first day of August, nineteen hundred and fifty-one in the case of which the rate of contributions payable immediately before the commencement of the said section fifty-six was twopence farthing per ton by virtue of section six of this Act; or
  3. (c) to any mining lease made after the fifteenth day of February, nineteen hundred and fifty-one, and before the said first day of August which contained a provision expressly excluding the operation of paragraph (b) of subsection (2) of section six of this Act.")—(Lord Mancroft.)

On Question, Amendment agreed to.

LORD MANCROFT

This Amendment is also a drafting. I beg to move.

Amendment moved—

Page 99, line 6, leave out paragraph (c) and insert— ("(c) in paragraph 7 for the words 'paragraph (b) of subsection (2) of section six' there shall be substituted the words 'subsection (2A) of section three', and for the words 'the said paragraph (b)' there shall be substituted the words 'the said subsection (2A)'.")—(Lord Mancroft.)

On Question, Amendment agreed to.

Sixth Schedule, as amended, agreed to.

Seventh Schedule [Enactments repealed]:

LORD MANCROFT

Your Lordships will be profoundly relieved to hear that the last three Amendments on the Order Paper are all drafting. Before I actually move them, may I thank noble Lords who have stayed the course and given valuable assistance from both sides of the House in attempting to amend this difficult and technical Bill? I should particularly like to thank noble Lords opposite who have not had the advantage of professional help, because I know what a difficult task it is. I think noble Lords would wish me to extend a word of congratulation to the noble and learned Viscount, the Lord Chancellor, on his first appearance in charge of a Committee stage of a Bill. I do not think any Bill could have been in more skilful or more sympathetic hands. I beg to move the Amendments.

Amendments moved—

Page 99, line 23, column 3, leave out ("and subsection (5)") and insert ("subsection (5), and in subsection (6) the words from 'or a' to 'section twenty of this Act' and the words from 'or as' to 'said section twenty'")

Page 99, line 37, after ("(1)") insert ("and in subsection (2) the words from 'an order' to 'or containing'")

Page 99, line 43, column 3, at end add ("and subsections (5) and (7)").—(Lord Mancroft.)

LORD SILKIN

I am glad the noble Lord is finishing up this long and tiring discussion on a pleasing and, so far as I am concerned, hopeful note. I should like to join him in paying tribute to the noble and learned Viscount for the way in which he has dealt with the Amendments so far. He has pledged his fortune to a considerable extent, and we shall look forward with great interest to the result of his consideration. One thing I should like to say from personal experience—and I say it with all sincerity—is that I do know that when the noble and learned Viscount says he will consider a matter, that is not a mere form of words or an evasion. I know that he will, and I am hopeful that the result of the consideration will be satisfactory, at any rate to most of your Lordships.

THE LORD CHANCELLOR

I should like to express my gratitude for what has been said by my noble friend and the noble Lord, Lord Silkin, opposite, and add that it has been a great pleasure to me to receive such kindness and consideration from all quarters of the Committee. I hope to be of some little service to the House in the course of these debates.

On Question, Amendments agreed to.

Remaining Schedule, as amended, agreed to.

House resumed.

House adjourned at twenty-six minutes to twelve o'clock midnight.