Orders of the Day — Schedule 11 – in the House of Commons at 9:30 pm on 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:—
(3) The following subsection shall be inserted after subsection (3) of this section:—
With this we may take Government amendments Nos. 238, 239 and 282.
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.
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'.
With this, we may take Government amendment No. 379.
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.
I beg to move amendment No. 240, in page 139, line 18, at end add—
'Blight notices—objections
With this we may take Government amendment No. 242.
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.
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):—
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.
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.
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.