HL Deb 12 November 1975 vol 365 cc1938-9

[Nos. 17–18]

Clause 25, page 25, line 20, at end insert— ("(3B) The assumptions in subsection (2) above shall not be made where at the date mentioned in subsection (1)(a) or (b) above, the interest in land is owned by a charity. (3C) Where during the whole of the period of one year immediately preceding the date as at which compensation is to be assessed—

  1. (a) the interest in land has been owned by a charity (but not necessarily the same charity throughout), and
  2. (b) the land (as distinct from the rents and profits thereof), has not been used otherwise than wholly or mainly for charitable purposes,
then, for the purposes of assessing the compensation it shall be assumed, if the charity entitled to the compensation so elects, notwithstanding subsection (2)(a) above, that planning permission would be granted for any development by virtue of which the use of the land would be made to correspond with the use which prevails in the case of contiguous or adjacent land. (3D) For the purposes of subsections (3B) and (3C) above the interest in land shall be treated as owned by a charity at any time if, at that time, the charity—
  1. (a) has or had entered into a binding contract for its acquisition, or
  2. (b) is or was indefeasibly entitled to it under the terms of a deceased persons' will.").

The Commons disagreed to this Amendment but proposed the following Amendment to the Bill in lieu thereof:

Page 25, line 20, at end insert— ("(3B) Where during the whole of the period of seven years immediately preceding the date as at which compensation is to be assessed—

  1. (a) the interest in land has been owned by a charity (but not necessarily the same charity throughout), and
  2. (b) the land (as distinct from the rents and profits thereof) has not been used otherwise than wholly or mainly for charitable purposes,
then, for the purposes of assessing the compensation it shall be assumed, subject to subsection (3C) below, that planning permission would be granted for any development by virtue of which the use of the land would be made to correspond with the use which prevails in the case of contiguous or adjacent land. (3C) The assumptions in subsections (2) and (3B) above shall not be made where—
  1. (a) during the whole of the period beginning with 12th September 1974 and ending with the date mentioned in subsection (1)(a) or (b) above, the interest in land has been owned by a charity (but not necessarily the same charity throughout), and
  2. (b) that period is a period of not more than eleven years.
 (3D)For the purposes of subsections (3B) and (3C) above the interest in land shall be treated as owned by a charity at any time if, at that time, the charity—
  1. (a) has or had entered into a binding contract for its acquisition, or
  2. (b) subject only to completion of the administration of a deceased person's estate, is or was entitled to it under the terms of the deceased person's will.").

The LORD CHANCELLOR

My Lords, I beg to move that this House doth not insist on their Amendment No. 17 to which the Commons have disagreed, and doth agree to the Commons Amendment No. 18 in lieu thereof. These are similarly placed to the matters that I have just put before the House.

Moved, That this House doth not insist on their Amendment No. 17 to which the Commons have disagreed, and doth agree to the Commons Amendment No. 18 in lieu thereof. —(The Lord Chancellor.)