HL Deb 19 June 1969 vol 302 cc1117-21

[Nos. 10–100]

Clause 16, page 17, line 42, leave out "another" and insert "for it any other"

Clause 16, page 17, line 42, leave out "for it, whether more or less onerous"

After Clause 16, insert the following new clause:—

Enforcement notice to have effect against subsequent development

"—(1) Compliance with an enforcement notice, whether in respect of—

  1. (a) the demolition or alteration of any buildings or works, or
  2. (b) the discontinuance of any use of land,
or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2) Without prejudice to the preceding subsection, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part II of the Act of 1947; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3) Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered.

(4) A person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding one hundred pounds."

Clause 17, page 18, line 33, leave out "1964" and insert "1965"

Clause 17, page 18, line 35, leave out "1963" and insert "1964"

Clause 17, page 18, line 36, leave out "1964" and insert "1965"

Clause 17, page 18, line 40, leave out "1963" and insert "1964"

Clause 17, page 18, line 41, leave out "1963" and insert "1964"

Clause 17, page 18, line 43, leave out "1963" and insert "1964"

Clause 18, page 20, line 44, leave out subsection (5).

Clause 19, page 22, line 24, leave out "on or"

Clause 21, page 23, line 35, after "1967" insert "(default powers and appeals in connection with tree preservation orders)"

Clause 21, page 24, line 14, leave out "subsection (3) of that section" and insert "section 16(4) and (5) above"

Clause 22, page 25, line 24, leave out and "

Clause 22, page 25, line 25, at end insert" and

Section 14 of the Civic Amenities Act 1967"

Clause 30, page 29, line 32, leave out from "Act" to "shall" in line 34.

Clause 33, page 31, line 26, leave out "a district" and insert "an area"

Clause 33, page 31, line 27, leave out "district" and insert "area

Clause 33, page 31, line 30, leave out "district" and insert "area"

Clause 35, page 35, line 33, after "39" insert "(2)"

Clause 37, page 36, line 22, leave out subsection (2).

Clause 39, page 38, line 9, leave out "one month" and insert "three months".

Clause 39, page 39, line 9, leave out "immediately".

Clause 40, page 39, line 33, leave out "Minister of Public Building and Works" and insert "Secretary of State".

Clause 44, page 43, line 21, leave out "owner of the building" and insert "person responsible for the contravention mentioned in section 43(1) above".

Clause 45, page 43, line 44, after "owner" insert "or lessee".

Clause 45, page 44, line 1, after "owner" insert ", lessee".

Clause 45, page 44, line 3, after "owner" insert "or lessee".

Clause 47, page 45, line 9. leave out "Minister of Public Building and Works" and insert "Secretary of State".

Clause 49, page 47, line 5, leave out "Minister of Public Building and Works" and insert "Secretary of State".

Clause 49, page 47, line 33, at end insert — "(7) A person aggrieved by a decision of the sheriff on an application under subsection (6) above may appeal against the decision to the Court of Session, but on a question of law only."

Clause 52, page 50, line 17, after "49(6)" insert "and (7)".

Clause 58, page 52, line 26, leave out "Minister of Public Building and Works" and insert "Secretary of State".

Clause 60, page 53, line 20, leave out "Treasury" and insert "Minister for the Civil Service".

After Clause 62, insert the following new clause—

Commissions to inquire into planning matters affecting Scotland and England.

".—(1) The Ministers may constitute a joint Planning Inquiry Commission to inquire into and report on any matter referred to them under this section; and the matters which may be so referred are those which may, under section 61 of this Act or section 62 of the Town and Country Planning Act 1968, be referred to a Planning Inquiry Commission but which appear to the Minister to involve considerations affecting both Scotland and England.

(2) A Joint Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Ministers.

(3) The Ministers may pay to the members of any such commission such remuneration and allowances as they may with the consent of the Minister for the Civil Service determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting: the commission in the discharge of their functions.

(4) The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(5) In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (commissions, tribunals and other bodies all members of which are disqualified under that Act), in its application to the House of Commons of the Parliament of the United Kingdom, the following entry shall be inserted at the appropriate place in alphabetical order:—

'A Joint Planning Inquiry Commission constituted under Part VI of the Town and Country Planning (Scotland) Act 1969'.

(6) In this section 'the Ministers' means the Secretary of State and the Minister of Housing and Local Government, acting jointly; but their functions under subsection (3) of this section may, by arrangements made between them, be exercised by either acting on behalf of both.

(7) Schedule (Joint Planning Inquiry Commissions) to this Act shall have effect with respect to the Joint Planning Inquiry Commissions and references to them under this section, and with respect to the proceedings of a commission on any such reference."

Clause 63, page 57, line 15, after "authority" insert "who in their opinion is suitably qualified or experienced for the purpose".

Clause 66, page 61, line 37, after "21" insert "or 23"

Clause 66, page 61, line 40, leave out "(3)" and insert "(4)"

Clause 66, page 62, line 1, after "21" insert "or 23"

Clause 66, page 62, line 13, leave out "(3) or (4)" and insert "(4) or (5)"

Clause 72, page 67, line 10, after "by" insert "the"

Clause 76, page 70, line 30, leave out from "authorities" to "the" in line 32.

Clause 76, page 70, line 33, leave out "falling within subsection (3) of the section"

Clause 77, page 70, line 42, at beginning insert—

"(1) A development order may make provision for requiring applicants for planning permission for development or for any class of development prescribed by or under the order to furnish at such time and to such persons as may be so prescribed such information with respect to the application as may be so prescribed."

Clause 80, page 72, line 38, after "owners" insert ", lessees"

Clause 89, page 79, line 39, leave out "local planning" and insert "competent"

Clause 89, page 79, line 43, leave out "in respect of which advances have been made" and insert "classified as a principal road for the purpose of advances"

Clause 89, page 80, line 2, leave out from beginning to "by" in line 3 and insert "a competent authority"

Clause 89, page 80, line 8, leave out "highway" and insert "local planning authority and the highway authority, if different from the competent"

Clause 89, page 80, line 26, leave out "local planning" and insert "competent"

Clause 89, page 80, line 34, leave out "local planning" and insert "competent"

Clause 89, page 81, line 2, leave out from beginning to "by" in line 3, and insert "a competent authority"

Clause 89, page 81, line 8, leave out "(7)" and insert "(8)"

Clause 89, page 81, line 10, at end insert— "( ) The competent authorities for the purposes of this section are county councils and town councils, and before making an application under subsection (2) or (8) above a competent authority shall consult with the local planning authority and the highway authority (in a case where they are themselves not that authority)."

Clause 99, page 84, line 37, leave out "1959" and insert "1966"

Clause 102, page 86, line 18, at end insert—

"( ) No order under this section relating to Part III of this Act shall be made unless a draft of the order has been approved by both Houses of Parliament."

Clause 106, page 87, line 19, after "Act" insert ", except so far as it provides for Joint Planning Inquiry Commissions and"

Schedule 1, page 89, line 15, after "21" insert "or 23"

Schedule 1, page 89, line 25, after "21" insert "or 23"

Schedule 2, page 89, line 38, at end insert—

"(2) A general vesting declaration shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874."

Schedule 2, page 90, line 18, leave out sub-paragraph (3).

Schedule 2, page 91, line 42, after "sub-paragraph" insert "subsection (5) of section 10 of, and"

Schedule 2, page 91, line 44, after "to" insert "recording in the Register of Sasines,"

Schedule 2, page 93, line 8, leave out "into which sums incurred in" and insert "out of which the compensation in respect of"

Schedule 4, page 99, line 39, leave out "paragraph 8" and insert "this Part"

Schedule 4, page 104, line 19, leave out "that paragraph" and insert "paragraph 10 above".

After Schedule 5, insert the following new Schedule—