New Clause. — (Agreement under previous Acts.)

Part of Orders of the Day — Town and Country Planning (Recommitted) Bill – in the House of Commons at 12:00 am on 13 May 1947.

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Photo of Mr Lewis Silkin Mr Lewis Silkin , Camberwell Peckham 12:00, 13 May 1947

I now understand what I have had some difficulty in understanding hitherto—the purpose of this Clause. The Clause is not at all intelligible, and I had great difficulty in understanding what the right hon. Gentleman was seeking to secure. I now gather that he wants to raise the whole question of Section 34 agreements. I do not think the Clause itself would stand that critical examination. For one thing, it is extremely vague and difficult to follow, and I do not think the purpose which the right hon. Gentleman has in mind would be achieved. I will give two reasons why I believe that to be so. Let me refer to the example which the right hon. Gentleman himself gave. It seems to me that the owner who has entered into an agreement will not have suffered any damage and will not necessarily become entitled to compensation, because it is difficult to see where the question of depreciation arises. Secondly, this Clause would only operate if there had been no consideration at all. In fact, there will have been some consideration in all cases because—to take this example—the fact that the amenity has been preserved since the agreement was entered into would be some consideration. In any case, therefore, I think the right hon. Gentleman will agree that this Clause could not stand.

I should like to say a word about the Section 34 agreements in general The matter was raised in Standing Committee, and I then promised that I would examine the question of these agreements. I think it was generally admitted that these agreements were probably a mixed bag. Some were good and some were bad. There were some which one would probably wist to preserve in the spirit if not in the letter, and there were some which a local authority ought to be able to abrogate. It is very difficult to talk about these agreements in the abstract. There are probably some thousands of them which have been entered into between a local authority and an individual, with no obligation on the part of the local authorities to communicate the contents of these agreements, let alone to submit copies of them, to the Ministry. Frankly, we have no definite knowledge of what kind of agreements have been generally entered into, and whether by and large, they are advantageous or otherwise.

We have accordingly communicated with the local authorities—1,500 of them —and have asked them to submit to us any agreements which are still in force. We have had replies from a thousand of these local authorities, and it appears that, in many cases, a number of agreements are in force. I do not suggest that my Department will examine every one of them—I do not think that would be necessary—but we will examine a sufficient number of them to enable us to get a good idea of the general character of these agreements. Based on what we find, I am prepared to give an undertaking that the matter will be considered again. I am by no means wedded to the proposal contained in the Ninth Schedule that all these agreements should be abrogated. It was thought that the new system of planning could probably reproduce all that was best in the agreements that had been made, and would have the further advantage of abrogating those agreements which were not in the public interest.

However, I see the force of what was stated in Committee and of what the right hon. Gentleman has now said, that some of these agreements may have entered into considerable detail, and that it is in the public interest to preserve them. One would not wish to abrogate something which has already been achieved with great care and, very often, with great public spirit. Therefore, I am prepared to give an undertaking that the matter will be re-examined in the light of our survey of the existing agreements, and, if necessary, an Amendment will be put down at a later stage.

I also wish to say that I would not assent to one of the parties to an agreements extracting all the benefits from it and then saying, "Thank you very much. I now abrogate it." I think the best of these agreements are mutual affairs, and where a party has received some benefit from it, neither he nor his successors in title should then be able to abrogate the agreement, and to put the other party to the agreement in a worse position. I am prepared to examine that aspect of it as well. Of course, every owner of land becomes subject to the provisions of this Bill when it becomes law, and the person who has entered into an agreement, can be in no better position as regards the provisions of the Bill than any other person; but I imagine that nobody would suggest he should be. With that proviso, I am prepared to examine the matter in order to ensure that fair treatment is given to persons who have entered into agreements in good faith, where for reasons of sound public policy the basis of the agreement has changed, and, in consequence, the person who entered into the agreement suffers loss. In those circumstances, I hope the right hon. Gentleman will not press this new Clause.

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