Q&As

Does a County Council need to advertise a sale on the open market in order to comply with section 123(3) of the Local Government Act 1972?

read titleRead full title
Published on LexisPSL on 28/07/2015

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

  • Does a County Council need to advertise a sale on the open market in order to comply with section 123(3) of the Local Government Act 1972?
  • Obtaining the best price
  • Restrictions in respect of open space

Does a County Council need to advertise a sale on the open market in order to comply with section 123(3) of the Local Government Act 1972?

Obtaining the best price

The County Council’s power to dispose of land derives from the Local Government Act 1972 (LGA 1972), under which:

  1. s 123(1) gives principal councils the power to dispose of land in any manner they see fit

  2. s 123(2) adds the caveat that the land must be sold at the best price

Case law has established that there is no fixed procedure for a local authority to follow in order to meet the best price requirement. In the case of R (on the action of Lidl (UK) GmbH) v Swale Borough Council (Aldi Stores Ltd intervening) the court held that:

'There was no rigid principle that unless a site was either marketed or there was an independent valuation, a presumption of unlawfulness arose. The authority were not obliged to accept the highest monetary offer which it

Related documents:

Popular documents