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Commons Bill [HL]

I am grateful to the noble Duke for moving this probing amendment. It would unnecessarily restrict the power of the court to order the removal of unlawful works. We accept that in some cases where Clause 36 consent had been given but there was a minor departure from its terms, removals of all the works might not be appropriate. But I can equally envisage the possibility that the departure could be of such significance that the removal of all the works might be appropriate. The bottom line is that it is for the court to decide, depending on the circumstances of the case. We believe that the powers of the Bill are appropriate to enable it to do that. The court is not obliged to order the removal of works in response to an application. Of course the word ““may”” in subsection (2) implies a discretion. So if the court thinks that the breach of the requirement for consent is technical or that the application is unmerited, it need not grant the order sought. I hope that that satisfies the noble Duke.