§ Lord Brougham and Vauxasked Her Majesty's Government:
What use they intend to make of their sanction powers under Part III of the Local Government Planning and Land Act 1980 in relation to Tonbridge and Mailing Borough Council.
§ Baroness BlatchOn 10th October 1990, my right honourable friend the Secretary of State for the Environment served a notice under Section 19A of the Local Government, Planning and Land Act 1980 on Tonbridge and Malling Borough Council, setting out his view that in 1988–89 the authority had failed to achieve the required rate of return in carrying out the work described in Section 10(2)(a) to (d) of the Act (highways, construction and maintenance work).
My right honourable friend the Secretary of State has now considered the response which the authority have made to the Section 19A notice, and which has acknowledged the failure to achieve the rate of return in 1988–89 and also in 1989–90. The authority have indicated that they have resolved to cease carrying out the work described in Section 10(2)(a) to (d) of the Act, with the exception of winter maintenance and emergency works, by the end of the current financial year.
My right honourable friend the Secretary of State has concluded that the record of financial failure by the authority's direct service organisation is such as to justify further use of his sanction powers. He has therefore today made a direction under Section 19B of the 1980 Act, prohibiting the authority from carrying out the work described in Section 10(2)(a) to (d) of the Act after 31st March 1991, with the exception of winter maintenance and emergency works.