§ Clause 5, page 6, line 7, after ("authorisation") insert ("or serving a notice under the last foregoing section")
§ Clause 5, page 6, line 12, after ("1947") insert ("or. as the case may be, in so far as the removal of the works required by the notice to be removed, or any change in the use of land which is involved in the removal, constitutes such development,")
§ LORD CHESHAMMy Lords, Amendments Nos. 8 and 9 go together, and No. 33 also goes with them. All of them were put down following an undertaking given to the Opposition in another place that an Amendment they had put down, or its substance, would be further considered. The object of the Amendment was to ensure that the removal of a pipe-line would be deemed not to involve the development of land for the purpose of the Town and Country Planning Act. 1947. It was thought that an absurd situation might arise if the Minister exercised his powers under Clause 4 to require the removal of a pipeline, because it was in some way in contravention of the provisions of Clauses 1 or 2, and the local planning authority then refused to give planning permission for the work to be done. It was somewhat difficult to meet this 136 point, because the removal of a pipe-line by the owner, when he is not obliged to do so by the Minister, is something for which planning permission ought to be sought. Therefore, the Amendments are drafted in such a way as to provide that where the Minister serves a notice under Clause 4 or Clause 20 requiring removal he may at the same time grant deemed planning permission for removal. This meets the essential point that was raised. I beg to move that this House doth agree with the Commons in the said Amendments.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Chesham.)
§ On Question, Motion agreed to.