Clause 46
Commons Bill [Lords]
2:30 pm
David Drew (Stroud, Labour)
I beg to move amendment No. 88, in clause 46, page 27, line 11, at end insert—
‘(7A) An order made under paragraph (b) of subsection (7) may authorise the relevant authority to carry out any requirement of an order which a person on whom a notice is served under this section has failed to comply with and to recover from that person the costs reasonably incurred by the relevant authority in doing so.'.
I will not delay the Committee for long. The amendment would simply strengthen the provision when there is no immediate sanction available for a court order for the removal of unlawful works that is not carried out. The idea is to give greater power to the relevant authority to take action to ensure that the problem is cleared up. It parallels section 137ZA of the Highways Act 1980, which allows the relevant authority to make good unlawful agricultural work.
With your tolerance, Mr. Weir, because presumably there will not be a stand part debate, I have been asked by the National Farmers Union whether we would consider the impact of non-agricultural work, especially by those who want to bring vehicles on to a piece of common land or a village green. There was an attempt in the other place to include a clause on how vehicles of various descriptions would be excluded. It would be useful to know whether the Government would consider tabling a proposal on Report for a reserve power to deal with non-agriculture abuses of common land.