Planning Bill

I am told that I had better not be brave. The only type of information that may be obtained using the power in Clause 50 is the name and address of a person. Therefore, we believe that the costs of compliance with a notice are likely to be negligible. The noble Earl said that this matter was not pressed in the other place and gave interesting examples of instances where it could take a little longer. I have no briefing on that. I shall ask officials to look into it and I shall write to the noble Earl. Nevertheless, we would not expect the commission to authorise the serving of a notice in circumstances where the applicant could readily obtain the information by other means; for example, by applying for a Land Registry search. The power in Clause 50 by which the commission is able to authorise the service of this type of information notice by a promoter is intended to be used exceptionally; for example, where details cannot be readily obtained from the Land Registry. In these circumstances, the amendment serves little purpose. I therefore urge the noble Earl to withdraw it. As regards Amendment No. 211, it is important that a mechanism is in place to ensure that where ownership information cannot be readily obtained from the Land Registry, the required information can be obtained within a reasonable time by a promoter and/or applicant. The purpose of Clause 50 is to give the commission the power to authorise a promoter or applicant to serve a notice on the occupier of the land, anyone who receives rent for it, manages it, is a mortgagee or has an interest in the land requiring them to provide the names and addresses of people with an interest in the land. The clause specifies that a person who is served with such a notice should have a minimum of 14 days to respond. I do not believe that this is unreasonable. We should bear in mind that this is the minimum period that can be specified in the notice. Clause 50(5) does not prescribe the maximum period that can be specified. Where the proposals are such that information was not needed so quickly, the commission will be able to specify a longer period. Moreover, these provisions are in line with a similar provision in Section 5A of the Acquisition of Land Act 1981. Moreover, the Bill provides that a person with a reasonable excuse for non-compliance would not fall foul of these provisions. Someone would not fall foul of the offence if they were able to provide a reasonable excuse for not complying; for example, if they were on holiday. I am not entirely sure whether a lambing season would be considered a reasonable excuse for someone not opening mail, but I am sure that excuse could be put forward. Clearly, a person being on holiday would be considered a reasonable excuse which would not fall foul of this provision. As I say, these provisions are based on Section 5A of the Acquisition of Land Act 1981, which was added to the Planning and Compulsory Purchase Act 2004. Without this power it would be possible for a landowner opposed to a potential development to cause delay and frustrate the process of providing infrastructure projects of national significance in a timely and cost-effective manner. This would not be in the national interest. Clause 50 is reasonable. It provides adequate safeguards to ensure that someone would fall foul of the provisions only where there was an intention to do so. In both cases, it seems clear that 14 days is a reasonable minimum period to specify, and I therefore urge the noble Earl to withdraw the amendment.