Overriding easements and other rights
Overriding easements and other rights

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Overriding easements and other rights
  • Introduction
  • What does section 203 enable?
  • Power to override rights or interests
  • Rights and interests to be overriden and exclusions
  • Function of section 203
  • Who can benefit from section 203?
  • What conditions apply to the exercise of section 203?
  • Overview of conditions
  • Requirement for planning consent
    • More...

Overriding easements and other rights

Introduction

Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection with development. HPA 2016, s 203 came into effect on 13 July 2016 and extended and replaced the powers set out in section 237 of the Town and Country Planning Act 1990 (TCPA 1990). It applies to England and Wales.

HPA 2016, s 203 (and its predecessor, TCPA 1990, s 237) has in recent years been relied on in high-profile developments to overcome rights of light and other easements or restrictive covenants threatening to prevent projects from progressing. In practice, where a particular development programme is at risk due to the inability to agree the release of certain rights, developers have requested that the local authority intervenes by using its powers to appropriate or acquire the development site (or part of it) to then trigger the power in HPA 2016, s 203. Once the site (or part of it) has been appropriated or acquired, engaging section 203, the local authority can transfer the site back to the developer with the benefit of section 203 (although they should note the requirements to obtain best consideration or fall within the general disposal consent—see Practice Note: Achieving best consideration on disposal and General Disposal Consent 2003). The developer in question

Navigate the law quickly and efficiently with Lexis®PSL
Imagine being able to quickly find up-to-date guidance on points of law and then easily pull up sources to support your advice. With LexisPSL, you can.
TAKE A FREE TRIAL Take a free trial Take a free trial
Related documents:

Popular documents

Money laundering offences—tipping off and prejudicing an investigation

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

Money Laundering Regulations 2017—simplified due diligence

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

Foreign exchange (FX) derivatives

Foreign exchange (FX) derivatives

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,