– in the House of Commons at 12:00 am on 12 May 1947.
Mr Fred Marshall
, Sheffield, Brightside
I beg to move, in page 79, line 15, after "order," to insert:
or
(b) that the buildings or works in question. were begun or contracted for at a time when no resolution to prepare or adopt such a scheme had taken effect.
This Amendment is the result of an undertaking which my right hon. Friend gave in the Standing Committee. Clause 73, as drafted, provides for compensation for abortive expenditure where permission is refused for development contracted for on the strength of a scheme or interim development permission under existing law. The Amendment really extends the Clause to cover development begun or contracted for at a time when no planning control was in operation. The practical effect will be confined to development begun or contracted for before the Act of 1943 was in operation, in areas where no scheme or resolution was in operation. The Amendment is proposed in response to a request from the Opposition.
Mr Fred Marshall
, Sheffield, Brightside
I beg to move, in page 80, line 5, at the end, to insert:
(4) The reference in Subsection (3) of Section thirty-one of this Act to compensation under Part III of this Act shall be construed as including a reference to compensation payable under this Section.
This is a drafting Amendment. Clause 31 (3) (b), provides that the regulations dealing with the delegation of functions to district councils may also transfer to those councils the liability for payment of compensation under Part III of the Bill. The Amendment provides that the regulations may similarly transfer liability for payment of compensation under Clause 73 for abortive expenditure. Under Clause 73 compensation for abortive expenditure is
payable by the local planning authority where permission is refused under the Bill for development authorised by an interim development permission granted before 22nd July, 1943, which lapses as a result of the Bill or by an operative scheme.
