HL Deb 11 November 1954 vol 189 cc1403-5

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, had an unexpended balance of established development value does not satisfy the condition set out in the next following sub-paragraph, 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 that condition.

(2) The condition referred to in the preceding sub-paragraph is that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole thereof.

(3) Any area of the relevant land which has an unexpended balance of established development value and which complies with the condition set out in the last preceding subparagraph 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. In the case of the interest of the lessor under any lease 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 lease; and the amount so calculated in the case of any such interest is in this Schedule referred to as 'the reversionary development value' of that interest.

Apportionment of unexpended balance between Interest.

3. 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 of the lessor under any lease, so much, if any, of the reversionary development value of that interest, as remains after the deduction therefrom of the aggregate of—
    1. (i) the reversionary development value of the interest of the person, if any, to whom that lessor stands in the relationship of lessee; and
    2. (ii)in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity;
  2. (b) in the case of the interest of the lessee under any lease which is not subject to a sub-lease, so much, if any, of the said balance as remains after the deduction therefrom of the aggregate of—
    1. (i) the reversionary development value of the interest of the lessor under the lease, and
      2. 1404
    2. (ii) in a case where the restricted value of the first-mentioned interest is a minus quantity, an amount equal to that minus quantity.

Interpretation

4. In this Schedule the expression 'lease' does not include any lease in the case of which the interest of the lessee is an excepted interest.").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

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

THE EARL OF SELKIRK

This is a drafting Amendment. I beg to move.

Amendment moved— Page 89, line 39, leave out ("planning decision granting") and insert ("granting of").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This is also drafting. I beg to move.

Amendment moved— Page 89, line 43, leave out ("said planning decision") and insert ("granting of the planning permission in question.").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.

Sixth Schedule [Compensation, on compulsory acquisition, for severance and injurious affection]:

THE EARL OF SELKIRK

This is a drafting Amendment. I beg to move.

Amendment moved— Page 92, line 3, leave out from first ("the") to ("or") in line 4 and insert ("relevant land").—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This is also drafting. I beg to move.

Amendment moved— Page 92, line 9, leave out ("to which the sale related") and insert ("in which the interest sold subsisted").—(The Earl of Selkirk.)

THE LORD CHANCELLOR

This is another drafting Amendment. I beg to move.

Amendment moved— Page 92, line 28, after ("be,") insert ("of").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Sixth Schedule, as amended, agreed to.

Seventh Schedule [Enactments Amended]:

THE LORD CHANCELLOR

This Amendment is consequential on the new clause. I beg to move.

Amendment moved— Page 92, line 46, leave out paragraph 1.—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

This Amendment deals with cases in which the local authority have to pay compensation for use inferior to existing use value. This would include the unexpended balance of claim. I beg to move.

Amendment moved—

Page, 93, line 2, at end insert— ("1. In section eighteen, in subsection (4), at the end there shall be added the words 'if Part III of the Town and Country Planning (Scotland) Act, 1954, had not been passed'.")—(The Earl of Selkirk.)

On Question, Amendment agreed to.

THE EARL OF SELKIRK

I am told that this Amendment is largely redrafting, to bring the Schedule up to date. I beg to move.

Amendment moved

Page 93, line 21, leave out from beginning to end of line 51 and insert— ("3. In the Third Schedule—

  1. (a) in paragraph 1 of Part I, 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 paragraph 2 of Part I and paregraphs 2 and 7 of Part II, for the words "on the appointed day" there shall in each case be substituted the words "at a material date";
  3. (c) in paragraph 5 of Part II, 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 6 of Part II, 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 7 of Part II, there shall be added the following—

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