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Overriding Easements and other Rights: Possible amendment to Section 237 Town and Country Planning Act 1990 The Government is consulting on a possible change to the law concerning the compulsory purchase of land subject to easements and other third party rights. It proposes extending the power in s.237 of the Town and Country Planning Act 1990 which enables acquiring authorities/developers to override easements and other restrictions on land acquired under compulsory purchase powers during the period the works are being carried out so as to extinguish those restrictions altogether. The CLA believes this change is unnecessary. The owner of land subject to third party rights already has a variety of options, all of which take into account the interests of the beneficiary of the rights. There is no reason why an acquiring authority or developer should not be required to make use of them in the same way as any other landowner. |
Policy Contact Christopher Price
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More articles and documents [News Archive] [14 May 2004] GN45-03: Blight [Guidance notes] [28 November 2003] CLA45 - Diversifying the Dairy Business [Advisory handbooks] [9 October 2007] The Draft Compulsory Purchase (Inquiries Procedure) (Ministers) (Rules) 2006 [Consultation response archive] [13 February 2006] |
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