Q&As

Does the requirement under section 123(2) of the Local Government Act 1972 for a council to obtain the best reasonable consideration in a transfer of land apply where land is transferred from a parish to a district council as part of reorganisation?

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Published on LexisPSL on 25/11/2015

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

  • Does the requirement under section 123(2) of the Local Government Act 1972 for a council to obtain the best reasonable consideration in a transfer of land apply where land is transferred from a parish to a district council as part of reorganisation?

Does the requirement under section 123(2) of the Local Government Act 1972 for a council to obtain the best reasonable consideration in a transfer of land apply where land is transferred from a parish to a district council as part of reorganisation?

The requirement under section 123 of the Local Government Act 1972

Under section 123(1) of the Local Government Act 1972 (LGA 1972), a principal council may dispose of land held by them in any manner they wish, however LGA 1972, s 123 (2) states that, except with the consent of the Secretary of State, a council cannot dispose of land under this provision otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be

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