Clause 8. — (Provisions as to Conditions Imposed or Implied in Pursuance of S. 6 or S. 7.)

Part of Ballot for Notices of Motions – in the House of Commons at 12:00 am on 14th April 1965.

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Photo of Mr James MacColl Mr James MacColl , Widnes 12:00 am, 14th April 1965

I beg to move, in page 9, line 44, at the end to insert: (3) Where planning permission is granted subject to a condition to which this section applies, and it appears to the authority granting the permission that the condition could have been imposed apart from the provisions of this Part of this Act, and would have been imposed if this Part of this Act had not been enacted, the decision granting the permission may include a certificate to that effect; and, where such a certificate is included in a decision of the local planning authority—

  1. (a) the Minister shall not be required to entertain an appeal from the decision in so far as it includes the certificate, but
  2. (b) subject to the preceding paragraph, section 23 of the Act of 1962 shall have effect in relation to the certificate as it has effect in relation to any other part of the decision.
This is substantially a drafting Amendment, because it moves from Clause 15 to Clause 8 a provision requiring a planning authority to certify that an office development permission or a condition made under Clause 7 is not one which sprang directly out of the office development permit but is one which the planning authority would have mad eonning authority would have made on planning grounds.