Further Planning Amendments

Orders of the Day — Schedule 11 – in the House of Commons at 9:30 pm on 15 July 1980.

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Amendment made: No. 236, in page 135, line 8, leave out ' ten' and insert ' seven '.—[Mr. King.]

Photo of Mr Tom King Mr Tom King Minister of State (Department of Environment) (Local Government) 9:45, 15 July 1980

I beg to move amendment No. 237, in page 136, line 6, at end insert— '5A.—(1) In subsection (1) of section 55 of that Act (control of works for demolition, alteration or extension of listed buildings) for the words "this Part of this Act", in the second place where they occur, there shall be substituted the words "subsection (2) of this section".(2) The following subsection shall be inserted after subsection (2) of that section:—

  • "(2A) If written consent is granted by the local planning authority or the Secretary of State for the retention of works for the demolition of a listed building, or for its alteration or extension, which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.".
(3) The following subsection shall be inserted after subsection (3) of this section:—
  • "(3A) Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as ' listed building consent'.".'

Photo of Lieut-Colonel Dick Crawshaw Lieut-Colonel Dick Crawshaw , Liverpool Toxteth

With this we may take Government amendments Nos. 238, 239 and 282.

Photo of Mr Tom King Mr Tom King Minister of State (Department of Environment) (Local Government)

The amendments are designed to ensure that the Government's intention to enable listed building consents to be granted in certain circumstances for works already carried out is given effect to. Amendment No. 282 is consequential.

Amendment agreed to.

Amendments made: No. 238, in page 136, line 34, leave out 'sections' and insert 'section'.

No. 239, in page 136, line 36, leave out from beginning to end of line 21 on page 137.—[Mr. King.]

Photo of Mr Marcus Fox Mr Marcus Fox , Shipley

I beg to move amendment No. 376, in page 138, line 33, after 'authority', insert 'and the local planning authority may confirm any such order either without modification or subject to such modifications as they consider expedient'.

Photo of Lieut-Colonel Dick Crawshaw Lieut-Colonel Dick Crawshaw , Liverpool Toxteth

With this, we may take Government amendment No. 379.

Photo of Mr Marcus Fox Mr Marcus Fox , Shipley

The amendments give effect to an undertaking given by my right hon. Friend in Committee on 22 April. They will ensure that the valuable flexibility of the existing system of confirming tree preservation orders is retained, even though it will in future be the local planning authority, and not the Secretary of State, which confirms an order.

Amendment agreed to.

Photo of Mr Tom King Mr Tom King Minister of State (Department of Environment) (Local Government)

I beg to move amendment No. 240, in page 139, line 18, at end add—

'Blight notices—objections

  • 15A. In section 194(2)(d) of that Act (grounds of objections to blight notice)—
    1. (a) after the word "that", in the first place where it occurs, there shall be inserted the words"(in the case of land falling within paragraph (a) or (c) but not (d), (e) or (f) of section 192(1) of this Act)"; and
    2. (b)for the word "ten" there shall be substituted the word "fifteen".
  • 15B. Paragraph 15A above applies (and applies only) to a counter-notice served under section 194 of the Town and Country Planning Act 1971 after the passing of this Act.'.

Photo of Lieut-Colonel Dick Crawshaw Lieut-Colonel Dick Crawshaw , Liverpool Toxteth

With this we may take Government amendment No. 242.

Photo of Mr Tom King Mr Tom King Minister of State (Department of Environment) (Local Government)

Amendment No. 240 is a further amendment consequential on the repeal of the Community Land Act. Amendment No. 242 was suggested by my hon. Friend the Member for Hornchurch (Mr. Squire) in Committee on 14 February. Both deal with blight notices.

Amendment agreed to.

Amendment made: No. 241, in page 139, leave out lines 24 to 30 and insert relates to a transferred matter, as defined in section 70(5D) of the Local Government, Planning and Land Act 1980, but was granted by a county planning authority before the commencement date, as so defined,'.—[Mr. King.]

Photo of Mr Gordon Oakes Mr Gordon Oakes , Widnes

I beg to move amendment No. 290, in page 139, line 42, at end insert— 'In section 250 of that Act (grants for development) the following paragraph shall be inserted after subsection (1)(b):—

  • "(1)(A) For the purpose of the previous subsection 'redevelopment' shall include the renewal or refurbishment of any building on land which is situated within a designated conservation area where such works form a part of an overall redevelopment scheme consisting also of the erection of a new building or buildings ".'.
I shall be even briefer on this amendment, although it is an important one which was suggested by the Association of District Councils. It concerns the problem that arose, particularly in Chesterfield, over redevelopment in a conservation area. I do not think that it is controversial. Even if the Government cannot accept the amendment as drafted, I hope that they will accept the spirit of it and will move a similar amendment in another place.

Photo of Mr Marcus Fox Mr Marcus Fox , Shipley

The amendment would allow redevelopment grant to be paid towards the cost of acquiring buildings in conservation areas for refurbishment or renewal. Grant would not be payable towards the cost of the actual refurbishment or renewal.

The Secretary of State already has adequate powers under section 10 of the Town and Country Planning (Amendment) Act 1972 to assist the preservation or enhancement of outstanding conservation areas, and those powers are being extended to all conservation areas by the amendment to paragraph 22 of schedule 11 to the Bill.

The right hon. Gentleman's amendment seems designed mainly to provide additional funds for conservation purposes by extending redevelopment grants to something for which they were not designed. At a time when we are having to restrain public expenditure, the Government cannot accept such an extension and I cannot recommend acceptance of the amendment.

Photo of Mr Gordon Oakes Mr Gordon Oakes , Widnes

I regret what the Minister has said, because the amendment deals with a matter that is important to Chesterfield. However, in order to save the time of the House, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: No. 242, in page 139, line 42, at end add—

' Blight Notices—Advances

17A. In section 256 of that Act (assistance for acquisition of property where objection made to blight notice in certain cases) for the words "as may be approved by the Secretary of State "there shall be substituted the words "as the council may think fit".'.

No. 243, in page 139, line 46, at end add— '(2) The reference to sections 6 to 21 of the Town and Country Planning Act 1971 in Part II of Schedule 21 to that Act shall include a reference to the sections inserted in that Act by section 72 of this Act.'.[Mr. King.]

Photo of Mr Tom King Mr Tom King Minister of State (Department of Environment) (Local Government)

I beg to move amendment No. 244, in page 142, line 33, leave out from ' Section' to end of line 36 and insert: '2 of the Local Authorities (Historic Buildings) Act 1962 (recovery of grants made by local authorities on disposal of property within three years) shall apply to a grant made by the Secretary of State under this section as it applies to a grant for the repair of property made by a local authority under that Act; and any reference to a local authority in that section shall accordingly be construed, in relation to a grant under this section, as a reference to the Secretary of State.'. The amendment tidies up a complication in the present law. It ensures that if the Secretary of State wishes to exercise his discretion to recover grant when a grant-aided property is sold within a certain period, the Acts under which he would take such power are clarified.

Amendment agreed to.