Q&As

What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the Housing and Planning Act 2016 and can that decision be delegated?

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Published on LexisPSL on 21/12/2016

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

  • What is the formal procedure for appropriating land for planning purposes? Who makes the appropriate decision for the purposes of section 203 of the Housing and Planning Act 2016 and can that decision be delegated?
  • Power
  • Procedure
  • Best practice

Power

The statutory power to override easements and other rights is contained in section 203 of the Housing and Planning Act 2016 (HPA 2016).

A wider list of public authorities and regeneration agencies can avail themselves of the power to override private easements. This includes Homes England, the Greater London Authority, statutory undertakers, the highways authority and housing action trusts, provided that they have statutory powers that would enable them to compulsorily purchase the land for building or maintenance works.

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