Consent For Disposal Of Land

October 22nd, 2012 by James Goudie KC

Clause 6 of the Growth and Infrastructure Bill removes an anomaly whereby currently general consents for the disposal of land by local authorities can be given under LGA 1972 for less than best consideration but cannot be given under TCPA 1990 where land is held for planning. Clause 6 amends s233 of TCPA 1990 (disposal by local authorities of land held for planning purposes) by providing for the SoS to grant general consent for disposals as well as specific consent upon receipt of an application from a local authority. Subsection (2) enables the SoS to give consent generally for the disposal of land at less than the best consideration reasonably obtainable. Such consent may be granted by reference to any particular disposal or disposals, or in relation to a particular class of disposals; local authorities generally, or local authorities of a particular class, or to any particular local authority or authorities, and either unconditionally or subject to conditions (either generally or in relation to any particular disposal or disposals or class of disposals). Subsection (3) applies the protection for purchasers in respect of certain land transactions contained in s128(2) of LGA 1972 to all purchasers of land disposed of by local authorities under s233 of TCPA 1990. At present, s128(2) applies to some purchases under s233 but not to all purchases under s233. Such transactions will not be void where a local authority has failed to obtain the relevant consent and a prospective purchaser will not have to enquire whether the disposing local authority has obtained the necessary consent.

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