Best consideration and the Crichel Down Rules

General duty

Local authorities (LAs) are required under section 123(2) of the Local Government Act 1972 (LGA 1972) to achieve the best consideration reasonably obtainable when disposing of land, unless consent has been obtained from the Secretary of State/Welsh Government. Where land consists or forms part of an open space, separate publicity and objection requirements may also apply under LGA 1972, s 123(2A), or section 233(4) of the Town and Country Planning Act 1990 (TCPA 1990), as applicable.

TCPA 1990, s 233 disapplies the duty in LGA 1972, s 123 in respect of land which has been acquired or appropriated for planning purposes, eg as a result of a compulsory purchase order. Section 233 also contains its own disposal test: the disposal must appear expedient to secure the best use of that or other land, or buildings or works needed for the proper planning of the area. It provides that any land that has been acquired or appropriated by an LA for planning purposes and is for the time being held