Q&As

Does the use of section 203 of the Housing and Planning Act 2016 constitute an abuse of power, in circumstances where a local authority wishes to appropriate land subject to a restrictive covenant, and rely on s 203 to release the restrictive covenant? Are there any restrictions on the local authority transferring the land to a developer once the restrictive covenant has been released if the developer covenants to cover any compensation claims?

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Published on LexisPSL on 06/02/2017

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

  • Does the use of section 203 of the Housing and Planning Act 2016 constitute an abuse of power, in circumstances where a local authority wishes to appropriate land subject to a restrictive covenant, and rely on s 203 to release the restrictive covenant? Are there any restrictions on the local authority transferring the land to a developer once the restrictive covenant has been released if the developer covenants to cover any compensation claims?

Section 203 of the Housing and Planning Act 2016 (HPA 2016) introduced new powers to override rights or interests, including restrictive covenants, where required to carry out building or maintenance works. Prior to entry into force of HPA 2016, s 203, similar powers were contained in section 237 of the Town and Country Planning Act 1990 (TCPA 1990), which have now been repealed.

HPA 2016, s 203(2)–(3) sets out a number of conditions which must be met before any rights or interests can be interfered with in this way. These include:

  1. that planning permission for the building or maintenance works has been obtained

  2. that the works are carried out on land that has on or after 13 July 2016 become vested in or acquired by the local authority or has been appropriated by the local authority for planning purposes

  3. that the local authority coul

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