Q&As

Do you need to advertise all disposals of public open space land whatever the length of the interest, even a lease of less than seven years?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 05 June 2024

Section 123 of the Local Government Act 1972 (LGA 1972) governs the disposal of land by principal councils. This provides that subject to the provisions of that section, a principal council may dispose of land held by them in any manner they wish (LGA 1972, s 123(1)), though save in respect of a short tenancy, this must not be for a consideration less than the best that can reasonably be obtained (LGA 1972, s 123(2)). The remainder of the section contains other prohibitions, save that LGA 1972, s 123(7) defines a disposal by way of a short tenancy as being the grant of a term not exceeding seven years, or the assignment of a term which has not more

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).