Supreme Court to open a discussion on the subject, and Sir Norman Anderson, Q.C., kindly offered hospitality for this at the Institute of Advanced Legal Studies on 22nd June. The evening was well attended and went well and there appeared to be general support for the idea of an Administrative Division.
Mr. Justice White also gave of his limited time for a meeting with the Committee (on 17th June) at which the operation of the Administrative Division in New Zealand was discussed in greater detail.
An outcome of the meeting at the Institute of Advanced Legal Studies was that both the Attorney General and the Solicitor General met members of the Committee in July for an informal but useful discussion on the prospects for an Administrative Division in this country and alternative possibilities.
The Committee has for some years advocated a broadly based government-sponsored inquiry into administrative law. Finding little official enthusiasm for this it has considered the possible alternative of an independent committee of distinguished and informed persons whose conclusions carry weight. As Lord Devlin succinctly observed: "It the Government will do nothing, it (the proposed committee) seems of me to be the best next step!"
Planning
In March of last year the Committee raised with the Minister for Planning, Rt. Hon. John Silkin, M.P., the suggestion that enforcement action in respect of continuing uses of land should be subject to a 12-year limitation period. The Minister expressed willingness to consider evidence of substantial problems caused by the absence of any such limitation and there has been considerable correspondence with the Department since then. The Committee countered departmental objections to their original proposal by suggesting that the use of land for a particular purpose for more than 12 years should entitle the user to obtain a certificate of established use. On 16th November a long meeting took place between members of the Committee, representatives of the Law Society's Standing Committee on Planning Law and Officers of the Department. The present position is that the Department is still considering whether it can accept any of the Committee's suggestions as a basis for any proposed legislation. In December the Secretary of State invited comment on his proposals for the improvement of the enforcement procedure in the development control system with a view to early legislation. Shortly afterwards, Mr. Dudley Smith, M.P., introduced his Town & Country Planning (Amendment) Bill embodying some of the Secretary of State's proposals and the Committee was asked to submit its comments in advance of the deadline previously given. In preparing its comments, the Committee has adopted the criterion that planning should be no more burdensome for the citizen than is essential. It was therefore sought to enlarge the minimum time limits proposed for the production of information, to make provision for out of time appeals against enforcement notices, and to ensure adequate compensation provisions. It has also advocated that rules for the conduct of enforcement inquiries should be made independently of new legislation.
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