I would like to probe the Minister on the procedure for compulsory acquisition. Following on from what the hon. Member for Hayes and Harlington (John McDonnell) and my hon. Friend the Member for Clwyd, West (Mr. Jones) said, compulsory acquisition is one of the most severe powers anyone can take to acquire land. Can the Minister clarify what the procedure will be when it becomes clear that the promoter has served notice under new clause 19, or any other provision in the Bill, that compulsory powers are likely to be used? There was some confusion about that in Committee. The Minister said:"““To be clear, people who are subject to compulsory purchase orders as a result of this provision will have exactly the same rights that they have at present.””––[Official Report, Planning Public Bill Committee, 10 January 2008; c. 150, Q367.]"
I want to probe the Minister—my neighbour in Gloucestershire—on the rights that people will have to be heard.
Under the Compulsory Purchase (Inquiries Procedure) Rules 2007 made by the Lord Chancellor on 15 December 2007, people had the right to be heard orally and in writing, and they had the right to summon witnesses and to cross-examine them. It would not only be landowners who had that right: under rule 6 of the Town and Country Planning (Major Infrastructure Projects Inquiries Procedure) (England) Rules 2005, raised by my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) in the oral evidence session, others affected, such as parish or town councils, would have the same rights. I seek to probe the Minister on the right that parties affected by compulsory purchase powers will have to be heard and to summon and cross-examine witnesses. Will they have an absolute right, or will they be able to do so only at the discretion of the IPC commissioner?
Planning Bill
Proceeding contribution from
Geoffrey Clifton-Brown
(Conservative)
in the House of Commons on Monday, 2 June 2008.
It occurred during Debate on bills on Planning Bill.
About this proceeding contribution
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476 c539-40 Session
2007-08Chamber / Committee
House of Commons chamberSubjects
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