But the two principal points emphasised by JUSTICE in this connection are that the stop notice procedure by which a local planning authority can bring development to a halt should not be extended indiscriminately to all uses, and that there should be some limitation in time on the power of enforcement against a change of use of land, and the consequential power to require information. Both points arise in Mr. Dudley Smith's Bill, which enjoys departmental support. The Bill as it stands would undoubtedly extend the scope of the bureaucracy and could well prove oppressive in the hands of a wrong-minded authority. Efforts to have the Bill amended are therefore continuing. JUSTICE supports the desire to control offensive uses effectively and understands that planning authorities need to have proper information, but to achieve these desiderata in a way that puts great numbers of harmless uses at risk and imposes burdensome obligations with no limit of time is wrong.
The Committee has also considered the thorny issue of listed building control, some of the difficulties of which were spotlighted in Amalgamated Investment and Property Co. Ltd. v. John Walker & Sons Ltd. (1976) 3 AER 509; (1977) 1 WLR164, where it was held that there could be no rescission of a contract for the sale of a building listed after the contract had been formed. A purchaser can no doubt guard, by a condition in the contract, against the risk of listing in the period between contract and completion, but not all purchasers are so well advised and the existing provisions can give rise to other difficulties. The claims of culture have to be reconciled with those of everyday business life.
New Zealand Ombudsman
The Chairman was host for a meeting on 29th July of the Committee and some members of the Council with the then New Zealand Ombudsman, Sir Guy Powles. Sir Guy explained the working of his Office in some detail.
Sir Guy covered many interesting areas of comparison between the scope and operation of the New Zealand Ombudsman (as he is officially known) and the Parliamentary Commissioner for Administration in the U.K. The first-hand information he was able to give was of great value in the preparation of the report Our Fettered Ombudsman.
Sir Guy has now retired from the position of Ombudsman. It was evident from the meeting that he was a man of exceptional qualities and that New Zealand was very fortunate to have secured the services of such a person as first holder of the Office. Unfortunately Sir Guy has been unwell lately and we all wish him a speedy recovery.
Administrative Law Committee
The members of the committee are David Widdicombe, Q.C. (Chair- man), Albert Chapman, Philip English, Percy Everett, Arthur Gadd, Prof. J. F. Garner, Dr Philip Giddings, Keith Goodfellow, Q.C., John Harris, Matthew Horton, Victor Moore, Kenneth Oates, Graham Rodmell, Guy Roots, Harry Sales, Alec Samuels, Prof. Frank Stacey, Donald Williams, and Ronald Briggs (Secretary).
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