New Towns Act 1981

Disposal of land by development corporation E+W

17 Conditions as to disposal. E+W

(1) In relation to any land acquired by a development corporation, and—

(a) subject to this section and to any direction given by the Secretary of State under this Act, and

(b) whether or not, in the case of land within the area of the new town, the development of that particular land has been proposed or approved under section 7(1) above,

the development corporation may dispose of that land—

(i) to such persons,

(ii) in such manner,

(iii) subject to such covenants or conditions,

as they consider expedient for securing the development of the new town in accordance with proposals approved by the Secretary of State under that section 7(1), or for purposes connected with the development of the new town.

(2) A development corporation has no power, except with the Secretary of State’s consent (given generally or specially)—

(a) to transfer the freehold of any land, or

(b) to grant a lease of any land for a term of more than 99 years [F1 or

(c) to dispose of any land by way of gift].

(3) Where a development corporation purports to dispose of land by virtue of this section, then—

(a) in favour of any person claiming under the corporation, the disposal so purporting to be made shall not be invalid by reason that any consent which is required under subsection (2) above has not been given; and

(b) a person dealing with the corporation or a person claiming under the corporation shall not be concerned to see or enquire whether any such consent has been given.

[F2 (4) A development corporation has no power to dispose of land by way of mortgage or charge.]

Textual Amendments

F1 Word “or” and s. 17(2)(c) added by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para. 2(a)

F2 S. 17(4) substituted by New Towns and Urban Development Corporations Act 1985 (c. 5, SIF 123:3, 4), s. 14(1), Sch. 3 para 2(b)

Modifications etc. (not altering text)

C1 S. 17(2) functions made exercisable (E.) (24.7.2018) by The New Towns Act 1981 (Local Authority Oversight) Regulations 2018 (S.I. 2018/891), regs. 1, 3(1) (with reg. 3(2))

18 Disposal to pre-acquisition occupiers. E+W

(1) In relation to land acquired by a development corporation under this Act, if persons who were living or carrying on business or other activities on land so acquired—

(a) desire to obtain accommodation on land belonging to the corporation, and

(b) are willing to comply with any requirements of the corporation as to its development and use,

the corporation’s powers with respect to the disposal of that land shall be exercised as provided in subsection (2) below.

(2) The corporation’s powers referred to in subsection (1) above shall be so exercised as to secure, so far as practicable, that those persons have an opportunity to obtain such accommodation suitable to their reasonable requirements, on terms settled with due regard to the price at which such land has been acquired from them.

(3) In the case of a person who was carrying on a business of selling [F3 alcohol (within the meaning of section 191 of the Licensing Act 2003)] by retail on land acquired by a development corporation under this Act, the corporation is not under any duty to afford him an opportunity of obtaining alternative accommodation for such a business.

Textual Amendments

F3 Words in s. 18(3) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 81 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)