§ 6. For the avoidance of doubt it is hereby declared—
- (a) that, in assessing in the circumstances described in paragraph 4A in the first column of Part I of this schedule the increase or diminution in value to be left out of account by virtue of section 13 of this Act no increase or diminution of value is to be excluded from being left out of account; and
- (b) that, in assessing in those circumstances the increase in value to be taken into account by virtue of section 14 of this Act, no increase in value is to be excluded from being taken into account,
- (i) to any development of land which was carried out before the area was designated as an urban development area;
- (ii) to any development or prospect of development of land outside the urban development area;
- (iii) to any development or prospect of development of land by an authority, other than the acquiring authority, possessing compulsory purchase powers.
§ 7. Paragraph 6 of this schedule shall have effect in relation to any increase or diminution in value to be left out of account by virtue of any rule of law relating to the assessment of compensation in respect of compulsory acquisition as it has effect in relation to any increase or diminution in value to be left out of account by virtue of section 13 of this Act.".
§ (5) In section 13 of the Land Compensation (Scotland) Act 1963—
- (a) in subsection (1)(b), for "4", where it first occurs, substitute "4A"; and
- (b) add at the end of subsection (2A) the words "and the provisions of Part III of that Schedule shall have effect with regard to paragraph 4A ".").
§ The noble Lord said: My Lords, this is a highly technical amendment. It is needed in order to adapt to the circumstances of urban development areas the well-established principle in land compensation law that the value effect of development which is part of the scheme underlying the compulsory acquisition of a piece of land, which would not have been 623 likely to be carried out in the absence of the scheme, is disregarded in assessing the compensation payable. It sounds complicated, but an example may make it clear. Where a public authority has constructed a road to service a proposed new housing estate, in acquiring the land for the housing estate the compensation payable by the authority will probably exclude that part of the land value attributable to the road. Not unreasonably, the law does not require public authorities to compensate landowners for that part of the land value derived from the public works which are part of the scheme underlying the acquisition.
§ The question of exactly what the scheme underlying the acquisition consists of in individual cases is an operation of fact for valuers, the lands tribunals and ultimately the courts to decide. Schedule 1 of the Land Compensation Act 1961 lays down guidance in specific cases, notably in the case of an area designated as a new town. The purpose of this clause is, first, to add a new case to Schedule 1 for urban development areas along the lines of existing cases which apply to the new towns. Unless noble Lords would like me to do so, I will not elaborate any more on what the amendment sets out to do. This, like many of the other amendments in this Part, seeks to give clarification and remove uncertainty. I beg to move.
§ Clause 143 [Corporation as planning authority]:
§
Lord BELLWIN moved Amendment No. 164YA:
Page 123, line 16, at end insert—
("(4A) In relation to an urban development corporation which is the local planning authority by virtue of an order under subsection (1) above, section 270 of the 1971 Act (application to local planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1971 Act prescribed by that order, and in relation to the kinds of development so prescribed, as if—
§ The noble Lord said: My Lords, this amendment clears up an anomaly in the Bill whereby an urban development corporation cannot under the present provisions have recourse to the power under Section 270 of the 1971 Town and Country Planning Act available to a local authority acting as local planning authority. The amendment will enable the UDC similarly to obtain deemed planning permission for the development of land in respect of which it is made local planning authority by order under Clause 143(1). We are not by any means proposing to give a UDC powers to obtain planning permission for land for which it is the local planning authority which are not also available to local authorities. UDCs will have to follow the same procedures as do local authorities under the Town and Country Planning General Regulations 1976. I beg to move.
§
Lord BELLWIN moved Amendment No. 164YB:
Page 124, line 10, at end insert—
("(8A) In relation to an urban development corporation which is the planning authority by virtue of an order under subsection (5) above, section 256 of the 1972 Act (application to planning authorities of provisions as to planning control and enforcement) shall have effect for the purposes of Part III of the 1972 Act prescribed by that order, and in relation to the kinds of development so prescribed, as if—
§ The noble Lord said: My Lords, this amendment provides the equivalent for Scotland of Amendment No. 164YA for 625 England and Wales. It will enable a UDC in Scotland to obtain deemed planning permission for the development of land for which it is made the planning authority under Clause 143(5). I beg to move.
§ Lord SANDYSMy Lords, I think that this might be a suitable moment to adjourn and reassemble at 7.45 p.m., to give further consideration on Report to this Bill. Therefore, I beg to move that further consideration on Report be now adjourned.