Clause 2 — (Refusal and postponement of interim development applications.)

Part of Ways and Means – in the House of Commons at on 25 May 1943.

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Photo of Sir Adam Maitland Sir Adam Maitland , Faversham

I beg to move, in page 5, line 40, to leave out "is," and to insert "has been."

No doubt it will meet the desire of the Committee, Mr. Williams, if we discuss this with certain other Amendments which are consequential. These Amendments are regarded by local authorities as being important. I have less expectation of their being accepted than I had of the acceptance of my previous Amendment, so I do not approach my task with undue optimism. I will state at once one reason why I should myself object to the Amendment I am now proposing. I think it is as well to state that if the Amendment were carried, it would have a retrospective effect. The House is always jealous of passing legislation of that nature. I wish frankly to meet that charge, and to say that I recognise that this has the effect of retrospective legislation. It may be, however, that the case I have to put on behalf of the local authorities, resulting from their experience, may justify the Minister in taking a wider view on that general aversion to the introduction of retrospective legislation. I do not know. But I at once admit the validity of that argument which the Minister might use in opposing the Amendment.

The Clause deals with the power to enforce interim development control. Under the existing law, if permission to develop land, whether by building or by a change in the use of the land, is withheld, there is nothing to prevent the applicant disregarding the prohibition altogether, and erecting buildings or using his land as though the permission had been granted. That is the advice which has been given to me. Some of my legal friends on the Front Bench will perhaps tell me if that is wrong. When the scheme comes into operation later, however, such a person will not receive compensation for the removal of the building. It might have been thought that that sanction would be sufficient to deter persons from developing land when permission has been withheld, but, I am informed, the experience of local authorities shows that that has not been the case, and that many persons have gone on notwithstanding such prohibition. The Clause as printed goes far to remove this defect, but it applies only to buildings or development of land carried out after the commencement of the Act. The object of the Amendment is to give local authorities the right where the prohibition has been disregarded to remove buildings or require any development to be discontinued al though it was started before the present Measure came into operation.