Clause 76 - Loss payments: exclusions
Planning and Compulsory Purchase Bill
3:00 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
That is fairly clearly set out. The notice will make certain requirements, and those who fail to comply with them will not be entitled to the loss payments. There may be circumstances in which they could not meet the requirements of the notice because of the actions of a third party. For example, a financial institution might issue a legal charge in relation to an unencumbered freehold required by the notice, or the granting of planning permission might be needed for the demolition of a dangerous or unfit building required by the notice. There should be some discretion, because there will be cases in which it is impossible to meet the requirements of the notice in the time scale given.
New section 33D(1)(d) simply says:
''he has failed to comply with any requirement of the notice.''
If any requirement were not met, regardless of whether that was the person's fault, paragraph (d) would give the acquiring authority the excuse to make them no longer entitled to loss payments. Even if the Minister is not prepared to accept the amendment, I hope that she will think about the matter, and decide that perhaps the wording in subsection (1)(d) is too draconian.