Orders of the Day — Housing (Temporary Accommodation) Bill

Part of the debate – in the House of Commons at 12:00 am on 5 June 1945.

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Photo of Mr Henry Willink Mr Henry Willink , Croydon North 12:00, 5 June 1945

In Scotland the Secretary of State is not only the Housing Minister, but the Planning Minister, so that he will have a double function in that respect. My right hon. Friend the Minister of Town and Country Planning intends that where an application is made by a local authority for this authorisation, he will not give his certificate until a special survey of the area of the local authority has been made, bringing under review all possible sites, and until he has satisfied himself that there is no alternative land available, having regard to sound planning con- side rations. I have referred to the fact that this is a Bill of short duration. The authorisation cannot be given except during a period of two years from the beginning of the Act. In the second place, the authorisation cannot be for a period of more than 10 years. There is an absolutely definite limit to the use of the space. In the third place, there is a clear provision that the land has to be reinstated at the end of the period.

There is a little complication, into which I shall go, with regard to commons. The word "common" has a number of significations. I have not had to take part in the recent Debates on them, but this is the position under the Bill. Only those commons which are either vested in the local authority or are at their disposal come within the scope of the Bill. The great majority of the "commons" vested in local authorities are, I am informed, vested as public open spaces within the meaning of the Public Health Acts. Although they may still be called "commons," all common rights have in fact been extinguished. On the other hand, I believe there may be cases, though they are certainly rare, where a common vests in the local authority but the common rights are still exerciseable. I have had representations on this matter, as one might expect, from the Commons, Open Spaces and Footpaths Preservation Society, and I am prepared to assure the House that I should not approve any proposal submitted by a local authority which involved the disturbance of existing common rights. I do not think the case is likely to arise, but even if we had any such intention, there would necessarily have to be provision for compensation in the Bill; as there is none, I can give that assurance.

Another point that might cause concern is rights of way. The Bill provides that no right of way over the part of an open space which is to be used for temporary housing shall cease to be capable of being exercised. It is not the intention to stop up any public right of way under this provision, except where an equally convenient or alternative right of way is provided. I can give that assurance also.