§ [In this Schedule words inserted by the Bill are printed in heavy type]
§ Obligation to purchase land on refusal of permission in certain cases
§ 19.—(1) Where permission to develop any land is refused, whether by the local planning authority or by the Minister, on an application in that behalf made under this Part of this Act, or is granted by that authority or by the Minister subject to conditions, then if any owner of the land claims—
- (a) that the land has become incapable of reasonably beneficial use in its existing state; and
- (b) in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions;
- (c) in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been or is deemed to be granted under this Part of this Act, or for which the local planning authority or the Minister have undertaken to grant such permission,
§ (1A) The council on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—
- (a) that the council are willing to comply with the purchase notice; or
- (b) that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or
- (c) that, for reasons specified in the notice under this subsection, the council are not willing to comply with the purchase notice, and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, and that they have transmitted a copy of the purchase notice to the Minister, on a date specified in the notice under this subsection, together with a statement of the reasons so specified.
§ (1B) Where the council upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) or paragraph (b) of the last foregoing subsection, the council, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under the last foregoing subsection.
§ (2) Where a purchase notice is served on any council under this section and that council propose to serve on the owner a notice in accordance with paragraph (c) of subsection (1A) of this section, they shall transmit a copy of the purchase notice to the Minister, together with a statement of their reasons: and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are fulfilled, 170 confirm the notice, and thereupon the council shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served a notice to treat in respect thereof on such date as the Minister may direct:
§ Provided that—
- (a) if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;
- (b) if it appears to the Minister that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall be so granted in the event of an application being made in that behalf;
- (c) if it appears to the Minister, having regard to the probable ultimate use of the land, that it is expedient so to do, he may if he confirms the notice, modify it, either in relation to the whole or in relation to any part of the land to which it relates, by substituting any other local authority or statutory undertakers for the council on whom the notice is served, and in any such case the foregoing provisions of this subsection shall have effect accordingly.
§ (2A) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class not specified in the Third Schedule to this Act.
§ (3) If within the period of six months from the end of the period specified in subsection (1A) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (a) or paragraph (b) of the proviso to subsection (2) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and the council on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part IV of this Act, and to have served notice to treat in respect thereof at the expiration of the said period.
171§ (4) The power conferred by subsection (2) of section five of the Acquisition of Land (Assessment of Compensation) Act, 1919, to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of this section.
§ (5) Before confirming a purchase notice, or taking any other action in lieu thereof, under this section, the Minister shall give notice of his proposed action—
- (a) to the person by whom the notice was served;
- (b) to the council on whom the notice was served;
- (c) to the local planning authority for the area in which the land is situated; and
- (d) to any other local authority or statutory undertakers whom the Minister proposes, under the foregoing provisions of this section, to substitute for the said council;
§ (6) In the last foregoing subsection, any reference to the taking of action in lieu of confirming a purchase notice includes a reference to the taking of a decision not to confirm the notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of subsection (1) of this section are not fulfilled.
§ (7) Where the Minister has given notice under subsection (5) of this section of his proposed action, and any of the persons, authorities and statutory undertakers concerned have appeared before and been heard by a person appointed by the Minister for the purpose, and it then appears to the Minister to be expedient to take action under this section otherwise than in accordance with the notice given by him, the Minister may take that action accordingly.")
§ The noble and learned Viscount said: My Lords, this is the Schedule on which we had some discussion yesterday, and in which, for convenience, Section 19 of the Town and Country Planning Act, 1947, as amended, is reprinted. The Amendments, as I tried to explain yesterday, though I do not think I was very clear, are those which are made in consequence of this Bill. It was thought convenient to have the whole section together with the Amendments made. I beg to move.
§
Amendment moved—
After the Ninth Schedule, insert the said new Schedule.—(The Lord Chancellor.)
§ LORD SILKINMy Lords, I have one small point. It is very convenient to see that the alterations that are made to Section 19 of the 1947 Act are printed in bold type. Now this is going to be a new Schedule—probably the Ninth Schedule of the present Bill. I wonder whether this can be reprinted in bold type in the Act itself. It would be a great convenience for practitioners and others who have occasion to study these matters, to see the alterations to Section 19. I do not ask the noble and learned Viscount to give a reply here and now; but I think that that would be of great convenience, and if he would consider it and, if he thinks it worth it, make the necessary representations, I would be obliged.
§ THE LORD CHANCELLORI shall be glad to consider that. I should like to consult my colleagues on the Statute Law Revision Committee, because we consider there the printing of Statutes. However, I will take steps to do that quickly, so that, if it can be done, it will be done before the Act is finally printed.
§ On Question, Amendment agreed to.
§ 6.40 p.m.
§ THE LORD CHANCELLORThis is the new Schedule which gives the new effect of Section 17 of the Town and Country Planning (Scotland) Act, 1947, as it is amended, and the same procedure has been followed. I beg to move.
§ Amendment moved—
§ Insert the following new Schedule—