§ Mr. Michael Lathamasked the Secretary of State for the Environment whether, in view of the fact that Mr. R. A. Bailey of 104 Burton Road, Melton Mowbray, Leicestershire, remains aggrieved regarding the amount of compensation payable to him in respect of his commercial premises at 7 Sage Cross Street, Melton Mowbray, he will now reconsider his decision, as expressed in correspondence with the hon. Member for Melton, to refuse the sanction sought by the Melton Borough Council under Section 161 (l) of the Local Government Act 1972 to make Mr. Bailey an ex gratia award; and whether he will make a statement.
§ Mr. Guy BarnettNo. Further evidence has not been produced to justify reconsideration of the decision.
§ Mr. Michael Lathamasked the Secretary of State for the Environment whether he will give some representative examples, without naming the individuals or authorities concerned, of the use of his power of sanction under Section 161 (1) of the Local Government Act 1972; upon what general criteria he bases his decisions; and whether there is a normal presumption in favour of agreement where the local authority and an aggrieved elector have jointly requested sanction for an ex gratia payment of compensation for compulsory purchase, with the sum involved and all appropriate details also agreed.
§ Mr. Guy BarnettEach case is considered on its merits, and, therefore, it510W would be inappropriate to give examples of the use of my right hon. Friend's power of sanction under Section 161 (1) of the Local Government Act 1972. Generally, sanction will be sympathetically considered where unlawful payments have been made by an authority in good faith or where it is considered desirable to make an ex gratia payment but where no statutory authority exists. These considerations apply irrespective of any agreement between a local authority and the party concerned.