§ Preliminary
§ 8. In this Part of this Schedule the expression "notice" means a notice under section thirty-three of the Act of 1947.
§ 9. Subject to the provisions of this Part of this Schedule, a notice shall take effect at the expiration of such period (not being less than twenty-eight days after the service thereof) as may be specified therein.
§ Right of appeal
§ 10.—(1) A person on whom a notice is served, or any other person having an interest in the land to which the notice relates, may at any time within the period specified in the notice as the period at the expiration of which it is to take effect, appeal to a magistrates' court acting for the petty sessions area in which the land is situated against the notice on any of the following grounds, that is to say—
- (a) that the condition of the land to which the notice relates does not seriously injure the amenity of any part of the area of the local planning authority who served the notice, or of any adjoining area, or
- (b) that the condition of the land to which the notice relates is attributable to, and such as results in the ordinary course of events from, the carrying on of operations or a use of land which is not in contravention of Part III of the Act of 1947, or
- (c) that the land to which the notice relates does not constitute a garden, vacant site or other open land in the area of the local planning authority who served the notice, or
- (d) that the requirements of the notice exceed what is necessary for preventing the condition of the land from seriously injuring the amenity of any part of the area of the said local planning authority, or of any adjoining area, or
- (e) that the period specified in the notice as the period within which any steps required by the notice are to be taken falls short of what should reasonably be allowed.
§ (2) If an appeal is brought under this paragraph the notice shall be of no effect pending the final determination or withdrawal of the appeal.
§ (3) On an appeal under this paragraph the magistrates' court may correct any informality, defect or error in the notice if satisfied that the informality, defect or error is not a material one.
§ (4) On the determination of an appeal under this paragraph the magistrates' court shall give directions for giving effect to their determination. including where appropriate directions for quashing the notice or for varying the terms of the notice in favour of the appellant.
116§ (5) Subject to the provisions of paragraph 14 of this Schedule, the validity of a notice which has been served under the said section thirty-three on the owner and occupier of the land shall not be questioned in any proceedings whatsoever on any of the grounds specified in paragraph (a), (b) or (c) of sub-paragraph (1) of this paragraph except by way of an appeal under this paragraph.
§ 11. An appeal against the decision of a magistrates' court under this Part of this Schedule may be brought to a court of quarter sessions by the appellant or the local planning authority.
§ 12. Where any person has appealed against a notice under this Part of this Schedule neither that person nor any other shall be entitled to claim in any proceedings, being proceedings instituted after the making of the appeal, that the notice was not served in accordance with the provisions of section one hundred and five of the Act of 1947 on the person who appealed.
§ Power of local planning authority to act under notice in case of default
§ 13.—(1) If within the period specified in a notice, or within such extended period as the local planning authority may allow, any steps required by the notice to be taken have not been taken, the local planning authority may enter the land and take those steps, and may recover as a simple contract debt in any court of competent jurisdiction from the person who is then the owner of the land any expenses reasonably incurred by them in that behalf.
§ (2) Any expenses incurred by the owner or occupier of the land for the purpose of complying with a notice, and any sums paid by the owner of any land under the foregoing subparagraph in respect of expenses of the local planning authority in taking steps required to be taken by a notice, shall be deemed to be incurred or paid for the use and at the request of the person who caused or permitted the land to come to be in the condition in which it was when the notice was served.
§ Criminal liability for failure to comply with notice
§ 14.—(1) If, at any time after the expiration of the period within which the steps required by the notice are to be taken any of those steps have not been taken, any person does anything which has the effect of continuing or aggravating the injury caused by the condition of the land to which the notice relates, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds.
§ (2) Sub-paragraph (5) of paragraph 10 of this Schedule shall not apply to proceedings brought under this paragraph against a person on whom the notice was not served but who has held an interest in the land since before the notice was served on the owner and occupier of the land if he did not appeal against the notice under this Part of this Schedule.
§ Supplemental regulations
§ 15. Subsection (5) of section twenty-four of the Act of 1947 as amended by this Act shall apply as if any reference in that subsecton, 117 or in the provisions of this Act amending that subsection, to an enforcement notice included a reference to a notice as defined in this Part of this Schedule."
§ The noble Earl said: This Schedule. which is introduced by the new clause which we inserted by Amendment No. 42, gives effect to the suggestion made in another place that provision should be made in the Bill itself to apply the provisions of Clauses 30 to 37 of the Bill to notices served under Sections 30 and 33 of the Town and Country Planning Act, 1947, and that this matter should not be left to ministerial regulations, as Clause 41 (1) at present envisages—that is, in the present consideration, because we have already agreed to Amendment No. 42.
§ Part I of the Schedule deals with the notices which may be served by the local planning authority under subsection (8) of Section 30 of the 1947 Act where alterations have been made to a building of special architectural or historical interest in contravention of the terms of that section. Part I make provision in regard to such notices corresponding to the provisions of the Bill relating to enforcement notices in so far as these are applicable. Paragraph 3 sets out the grounds on which appeals may be made against such notices and follows generally the form of the provision for appeals in Clause 30 of the Bill.
§ Paragraph 4 provides for appeals to the High Court on points of law arising from a decision of the Minister, and enables the Minister to state a case for the decision of the High Court in the course of an appeal against a notice. It accords with Clause 31 of the Bill. Para graph 5 corresponds to Clause 32 (1) Paragraph 6 makes provision, as in Section 24 of the 1947 Act, to enable the local planning authority to take the steps required by a notice where necessary, and about the incidence of expenses incurred in complying with a notice. Paragraph 7 enables the provisions of Section 24 (5) of the 1947 Act, which confers minor powers as to the sale of materials. licences to enter, et cetera, to apply to notices under Section 30.
§ Part II contains similar provisions in regard to notices served under Section 33 of the 1947 Act—that is, notices which may be served by the local planning authority where the condition of 118 any garden, vacant site or other open land is injurious to amenity. There is, however, one important difference. Paragraph 10 of the Schedule preserves the present right of appeal against such notices to the magistrates' courts, instead of bringing the appeals to the Minister, like appeals under Clause 30 of the Bill. This is considered appropriate, since the questions which may arise on a notice under Section 33 will depend very largely on the circumstances and will never involve issues of planning policy such as may arise on an appeal against a notice under subsection (8) of Section 30. The grounds of appeal to the magistrates' courts are set out in paragraph 10 of the Schedule. They are somewhat wider than the grounds of appeal allowed by the present regulations under Section 33 and will meet criticisms of the present regulations in this respect that were voiced in another place. The remaining paragraphs of the Schedule reproduce, with appropriate adaptations, other provisions in Pant II of the Bill and Section 24 of the 1947 Act in so far as they are applicable to notices under Section 33 I beg to move.
§
Amendment moved—
After the First Schedule, insert the said new Schedule.—(Earl Waldegrave.)
§ LORD SILKINI should like to welcome this Amendment, which I think is a considerable improvement to the Bill. I would also express my gratitude to the noble Earl, and to the noble and learned Viscount (on this occasion to a lesser extent, because he has not been here all the time), for the great courtesy and ability with which they have conducted this Bill and, may I say, for the great fortitude which the noble Earl has shown in being here throughout and handling the majority of the Amendments.
§ On Question, Amendment agreed to.
§ Second Schedule [Enactments Repealed]:
§
Amendment moved—
Page 32, line 37, column 3, leave out from ("words") to end of line 39 and insert ("from and in relation to the end of the subsection").—(Earl Waldegrave.)
§ On Question, Amendment agreed to.
119
§
Amendment moved—
Page 32, line 40, column 3, leave out from ("thirty-three") to the end of line 44 and insert ("in subsection (1) the words in the manner prescribed by regulations under this Act' and subsection (2)").—(Earl Waldegrave.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 32, line 46, column 3, at end insert ("and subsection (5)").—(Earl Waldegrave.)
§ On Question, Amendment agreed to.
§ Second Schedule, as amended, agreed to.
§ House resumed.