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Results 181–200 of 2959 for speaker:Mr Niall MacDermot

Orders of the Day — Town and Country Planning Bill: Clause 44 (22 May 1968)

Mr Niall MacDermot: As was explained in Committee, the repairs notice procedure is nothing more than what I described as a warning shot across the bows. If the owner of a listed building allows it to fall into disrepair in a way which threatens its continued existence, one of the remedies for the local authority is to acquire the building. We thought it right that, before it was able to launch compulsory...

Orders of the Day — Town and Country Planning Bill: Clause 51 (22 May 1968)

Mr Niall MacDermot: In its strict wording and narrow sense, the Amendment is unnecessary. In any event, the hon. Gentleman's Amendment would not achieve what he intends, and I would oppose one which did. A Planning Inquiry Commission will operate in two stages. In the first stage, it will itself carry out an investigation into the issues referred to it and what appear to it to be the relevant issues. That is...

Orders of the Day — Town and Country Planning Bill: Clause 51 (22 May 1968)

Mr Niall MacDermot: I beg to move Amendment No. 113, in page 42, line 29, at end insert: (7) Any such commission may, with theapproval of the Minister and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.In this subsection ' the Minister' in relation to any...

Orders of the Day — Town and Country Planning Bill: Clause 51 (22 May 1968)

Mr Niall MacDermot: I beg to move Amendment No. 114, in page 42, line 35, leave out subsection (8) and insert: (8) Schedule (Construction of references in sections 51 and 52 to 'the responsible Minister or Ministers') to this Act shall have effect for the construction of references in this section and section 52 below to ' the responsible Minister or Ministers'. This Amendment replaces sub-section (8) of Clause...

Orders of the Day — Town and Country Planning Bill: Clause 52. (22 May 1968)

Mr Niall MacDermot: I beg to move, Amendment No. 116, in page 43, line 35, to leave out subsection (3) and to insert— (3) A Planning Inquiry Commission shall, for the purpose of complying with section 51(6)(b) above, hold a local inquiry and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning...

Orders of the Day — Town and Country Planning Bill: Clause 52. (22 May 1968)

Mr Niall MacDermot: The answer to the first question is, "Yes". The inquiry will be heard by a member of a commission. The hon. Gentleman's second question was a little complicated, and I am not sure if I got it absolutely clear. Perhaps I can answer in this way: There will only be a right to demand an inquiry in cases in which at the moment, there would be a right to a local inquiry if the planning application...

Orders of the Day — Town and Country Planning Bill: Clause 52. (22 May 1968)

Mr Niall MacDermot: The third party is excluded, even if the matter is not referred to the Planning Inquiry Commission. The right to demand an inquiry is co-extensive with the present right under existing planning law. What we are doing in the Amendment is vesting power in the Commission to hold an inquiry. This opens a door to third parties, or there is a possibility of the door being opened for them by the...

Orders of the Day — Town and Country Planning Bill: Clause 53. (22 May 1968)

Mr Niall MacDermot: This Amendment is unnecessary. The hon. Member suggested that there was a danger of a chief planning officer, to whom powers of delegation had been given, deciding to delegate to a junior officer. He would have no power to do so. It is only the authority which can exercise the powers of delegation. In the phrase known to lawyers: Delegatus non potest delegare. The officer would have no power...

Orders of the Day — Town and Country Planning Bill: Clause 53. (22 May 1968)

Mr Niall MacDermot: Is the hon. Gentleman really saying that he thinks that a local planning authority, given power under this Bill to delegate, and having to decide to whom it will delegate, will not consider the kind of matters in his Amendment? I would have thought it was almost an insult to the authority to suggest that they did not realise that of course they must delegate to someone competent to undertake...

Orders of the Day — Town and Country Planning Bill: Clause 53. (22 May 1968)

Mr Niall MacDermot: We will bear that in mind and consider it carefully. I took the sense of the Amendment although I think it is not a matter we think should be written into the Bill.

Orders of the Day — Town and Country Planning Bill: Clause 53. (22 May 1968)

Mr Niall MacDermot: There seem to be two Amendments dealing with the matter. It appears to us that the wording of the second is rather to be preferred.

Orders of the Day — Town and Country Planning Bill: Clause 54. (22 May 1968)

Mr Niall MacDermot: Does the hon. Gentleman want to keep it?

Orders of the Day — Town and Country Planning Bill: Clause 54. (22 May 1968)

Mr Niall MacDermot: The Amendments propose merely to increase the standard time limits in Clauses 54 and 55, which I described in Committee as a "norm" for planning authorities, a guide to the normal period, but there is complete flexibility, and in any case it will be open to them to grant either a longer or a shorter period. That applies not only to the standard limit for a full planning permission but also to...

Orders of the Day — Town and Country Planning Bill: Clause 54. (22 May 1968)

Mr Niall MacDermot: I do not know why the hon. Gentleman assumes they. will get planning permission again. They may or they may not, and it depends. This leads me to the point which the hon. Gentleman was making about the builders. We are, of course, well aware that some builders require at times to stock land for many years ahead. We quite accepted that, and made it perfectly plain that this is the sort of...

Orders of the Day — Town and Country Planning Bill: Clause 54. (22 May 1968)

Mr Niall MacDermot: I must correct the hon. Gentleman. He suggested that there would be a right of appeal only against a time-limiting condition, if that was something other than the standard period. That is not correct. This condition, like any other condition, can be the subject of an appeal.

Orders of the Day — Town and Country Planning Bill: Clause 57. (22 May 1968)

Mr Niall MacDermot: Whether intentionally or otherwise, the Amendment is in effect almost a wrecking Amendment; it would defeat the purpose of the completion notice. A system of time-limited planning would be ineffectual unless there was a completion notice procedure, because anyone could avoid the effect of the time-limiting by some token commencement of the works. That is why the completion notice procedure is...

Orders of the Day — Town and Country Planning Bill: Clause 57. (22 May 1968)

Mr Niall MacDermot: A completion notice cannot be served in respect of development which has already been begun before the Bill comes into force or which is begun just after it comes into force. The completion notice procedure is related to a planning permission which, by virtue of Sections 54 and 55, is granted or is deemed to be granted subject to these conditions, which would include the Section 54...

Orders of the Day — Town and Country Planning Bill: Clause 58. (22 May 1968)

Mr Niall MacDermot: I beg to move Amendment No. 137, in page 49, to leave out line 42 and insert: 'has received specific Parliamentary approval; or(c) granted by a development order in respect of development specifically described in the order; or'.

Orders of the Day — Town and Country Planning Bill: Clause 58. (22 May 1968)

Mr Niall MacDermot: These are three technical Amendments to Clause 58(3). The purpose of Clause 58 is to provide that land of statutory undertakers does not become "operational" land until a "specific planning permission" attaches to it. A "specific planning permission" is defined as (a) a permission granted on a specific planning application; and (b) permission granted by a development order for development...

Orders of the Day — Town and Country Planning Bill: Clause 59. (22 May 1968)

Mr Niall MacDermot: I do not think the hon. Gentleman has quite followed what has happened. We are not creating a new right; we are restoring a right which already exists and which has been taken away in another part of the Bill. At present in the case instanced by the hon. Gentleman, the British Airports Authority can acquire land adjoining the airfield and they can claim that it is operational land. If there...


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