Clause 51. — (Definition of "local planning authority"; and joint committees.)

Orders of the Day — Town and Country Planning Bill – in the House of Commons at 12:00 am on 16th November 1944.

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Lords Amendment to page 56, line 9, agreed to.

Lords Amendment: In line 12, at end, insert: (2) Sub-section (2) of Section two of the said Act (which empowers a county district council to relinquish any of its powers and duties under that Act to the county council) shall apply as if the references therein to the powers and duties of a county district council under that Act included references to their powers and duties under Section one of this Act, and—

  1. (a) in relation to an application under the said Section one made by a county council, references in that Section to a local planning authority and to the area of a local planning authority shall be construed respectively as references to the county council and to the area of the local planning authority by whom the power of making the application has been relinquished to the county council;
  2. (b) the reference in paragraph (b) of Subsection (1) of Section two of this Act to an Order made on the application of the local planning authority therein referred to shall include a reference to an Order made on the application of a county council to whom that authority has relinquished the power of making the application; and
  3. (c) the references in Sub-section (5) of Section two of this Act to the authority on whose application an Order was made shall, where the Order was made on the application of a county council, be construed as a reference to the local planning authority by whom the power of making the application was relinquished to the county council."

Photo of Mr William Morrison Mr William Morrison , Cirencester and Tewkesbury

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This gives power for county district councils to relinquish their power under this Bill to county councils. They already do it under general planning laws, and they should under this Measure.

Question put, and agreed to.

Subsequent Lords Amendments to page 57, line 13, agreed to.

Lords Amendment: In line 15, at end, insert new Clause E (Provisions as to London). (1) Where an order has been made, on an application under Sub-section (1) of Section 1 of this Act, as respects land in a metropolitan borough, or authorisation of the compulsory purchase of any such land has been given under any of the provisions of this Part of this Act, the Minister may, if an application in that behalf is made to him by the London County Council, by order direct that notwithstanding anything in Sub-section (1) of the last preceding Section, the council of that metropolitan borough shall, as respects all or any of the land, as may be specified in the application, be the local planning authority for the purposes of such of the provisions of this Part of this Act as may be so specified, and that the said provisions shall apply as if the application under Sub-section (1) of Section 1 of this Act had been made by the council of the metropolitan borough, or the authorisation had been given to that council, as the case may be.An order under this Sub-section may be varied or revoked by a subsequent order of the Minister made in accordance with an application in that behalf by the London County Council.(2) The Common Council of the City of London—

  1. (a) may with the consent of the Minister certify as respects any land which they have acquired for the purposes of this Part of this Act and which is for the time being held by them for those purposes that the land will not, as from the giving of the certificate, be so held;
  2. (b) may with the consent of the Minister certify as respect any land for the time being held by them, not being land to which Sub-section (2) of Section fourteen of this Act applies, that the land is appropriated for the purposes of this Part of this Act:
  3. (c) may with the consent of the Minister revoke a certificate in force under this Sub-section as respects any land for the time being held by them;
and references in this Part of this Act to land acquired or appropriated by a local planning authority for the purposes of this Part of this Act shall be construed, in the case of the said Council, as references to land acquired by them for the said purposes as respects which no certificate under paragraph (a) of this Subsection is in force, or land as respects which a certificate under paragraph (b) of this Subsection is in force, or land appropriated for the said purposes in accordance with Sub-section (2) of Section fourteen of this Act.The consent of the Minister for the purposes of this Sub-section may be given either as respects a particular certificate or as respects certificates relating to land of any class, and either subject to or free from any conditions or limitations.(3) The powers of disposal conferred on the Common Council of the City of London by Section nineteen of this Act shall be exercisable, as respects land to which they apply, to the exclusion of any other power of disposal which apart from this Sub-section would be exercisable by the said Council.

2.59 p.m.

Photo of Mr William Morrison Mr William Morrison , Cirencester and Tewkesbury

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The purpose of the Amendment is to enable the Metropolitan Boroughs to participate in the huge task of reconstruction which will fall upon London. The L.C.C. remains the planning authority for the whole of its area, but it can, by agreement with the Metropolitan Boroughs, in fact, get them to exercise some of the powers and do some of the work. This Amendment is the result of negotiations that have taken place between the L.C.C. and the Metropolitan Boroughs, discussions which, I am glad to say, were conducted in a spirit of cordiality and resulted in agreement.

Question put, and agreed to.

Subsequent Lords Amendments, to page 59, line 37, agreed to.