Q&As

Can a local authority use section 33 of the Local Government (Miscellaneous Provisions) Act 1982 to do works on land at any time in the future if it needs to?

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Published on LexisPSL on 05/06/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a local authority use section 33 of the Local Government (Miscellaneous Provisions) Act 1982 to do works on land at any time in the future if it needs to?

Can a local authority use section 33 of the Local Government (Miscellaneous Provisions) Act 1982 to do works on land at any time in the future if it needs to?

It is important to consider the drafting of the covenant itself when looking at whether section 33 of the Local Government (Miscellaneous Provisions) Act 1982 enables a local authority to do works on land at a time in the future.

You may find Commentary: Enforceability by local authorities of certain covenants relating to land: Halsbury's Laws of England [593] useful in relation to your query which states:

‘The following provisions apply if a principal council and any other person are parties to an instrument under seal which:

(1) is executed for the purpose of securing the carrying out of works on land in the council's area in which the other person has an interest; or

(2) is executed for the purpose of regulating the use of, or is otherwise connected with, land in or outside the council's area in

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