The Town and Country Planning Act 1959 / by T.J. Nardecchia and David Sullivan.

  • Great Britain
Date:
1959
Catalogue details

Licence: Public Domain Mark

Credit: The Town and Country Planning Act 1959 / by T.J. Nardecchia and David Sullivan. Source: Wellcome Collection.

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    similarly dispensed with ; and any requirement of consent is dispensed with, whether it required a Ministerial consent for all such appropriations or only for appropriations in specified circumstances. Not only are such requirements of Ministerial consent removed, but the power, which sometimes accompanies such a requirement, for the Minister concerned to impose conditions on the granting of his consent is also abolished. Thus the power to impose conditions which is given by section 19 of the Town and Country Planning Act 1944 (see above) is removed together with the requirement of the consent of the Minister. One other special change is also effected by section 23 of the 1959 Act. Under section 163 of the Local Government Act 1933, referred to above, local authorities are prohibited from carrying on certain so-called ‘‘ bad neighbour ”’ activities (such as the sinking of wells or the construction of cemeteries, sewage farms or hospitals for infectious diseases) on land appropriated under that section, unless the appropriate Minister (generally now the Minister of Housing and Local Government) authorises them to do so. The requirement of this authorisation is now removed, when such works are carried out on the appropriated land on or after the 16th August, 1959. But section 163 of the 1933 Act still provides that such works must not create a nuisance: the remedy in such cases where a nuisance is caused is still the common law action for an injunction and damages, and the section prevents any defence being raised that authorisation for such a nuisance has been given. Adjustment of accounts (section 24) Under most enactments giving statutory powers of appropria- tion, it is provided that when an appropriation takes place, such adjustment is to be made in the accounts of the appropriating authority as the relevant Minister may direct. Thus section 163 (3) of the Local Government Act 1933 provides that, after appropriation under that section by a local authority (other than a parish council), such adjustment shall be made in the accounts of that authority as the relevant Minister (who is now generally the Minister of Housing and Local Government) shall direct. Except in one category of cases, the power of Ministers under the relevant enactments to give directions as to the necessary adjustments in accounts, after appropriations by any of the “‘ listed authorities,” is now abolished on or after the 16th August, 1959. After that date the adjustment to be made is such “as may be requisite in the circumstances,” and it is for the authority concerned to make that adjustment without Ministerial direction. It should be noticed that this dispensation applies to any such 9]
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