Section 194
1(1)Paragraph 6 of Schedule 28 to the Local Government, Planning and Land Act 1980 (urban development corporations: power to override easements) is amended as follows.
(2)After sub-paragraph (1) insert—
“(1A)The use of any land in England which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act, whether the use is by the corporation or authority or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this paragraph applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
(4)In sub-paragraph (4)—
(a)after “sub-paragraph (1)” insert “or (1A)”, and
(b)after “works on” insert “, or use of,”.
(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
2(1)Section 19 of the New Towns Act 1981 (power to override easements and other rights) is amended as follows.
(2)After subsection (1) insert—
“(1A)Subject to subsection (3), the use of any land in England which has been acquired by a development corporation or local highway authority for the purposes of this Act, whether the use is by the corporation or authority or by any other person, is authorised by virtue of this section if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this section applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In subsection (2) after “subsection (1)” insert “or (1A)”.
(4)In subsection (4)—
(a)after “subsection (1)” insert “or (1A)”, and
(b)in paragraph (b) after “works on” insert “, or use of,”.
(5)In subsection (7) after “subsection (1)” insert “or (1A)”.
3(1)Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override easements) is amended as follows.
(2)After sub-paragraph (1) insert—
“(1A)The use of any land in England which has been vested in or acquired by a housing action trust for the purposes of Part 3 of this Act, whether the use is by the trust or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this paragraph applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
(4)In sub-paragraph (4)—
(a)after “sub-paragraph (1)” insert “or (1A)”, and
(b)after “works on” insert “, or use of,”.
(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
4(1)Section 237 of TCPA 1990 (power to override easements and other rights) is amended as follows.
(2)After subsection (1) insert—
“(1A)Subject to subsection (3), the use of any land in England which has been acquired or appropriated by a local authority for planning purposes (whether the use is by the local authority or by a person deriving title under them) is authorised by virtue of this section if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this section applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In subsection (4)—
(a)after “subsection (1)” insert “or (1A)”, and
(b)in paragraph (b)(ii) after “works on” insert “, or use of,”.
(4)In subsection (7) after “subsection (1)” insert “or (1A)”.
5(1)Paragraph 5 of Schedule 20 to the Leasehold Reform, Housing and Urban Development Act 1993 (the Agency: power to override easements) is amended as follows.
(2)After sub-paragraph (1) insert—
“(1A)The use of any land in England which has been vested in or acquired by the Agency under this Part of this Act, whether the use is by the Agency or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this paragraph applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
(4)In sub-paragraph (4)—
(a)after “sub-paragraph (1)” insert “or (1A)”, and
(b)after “works on” insert “, or use of,”.
(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.
6(1)Paragraph 2 of Schedule 6 to the Regional Development Agencies Act 1998 (vesting and acquisition of land: power to override easements) is amended as follows.
(2)After sub-paragraph (1) insert—
“(1A)The use of any land in England which has been vested in or acquired by a regional development agency under this Act, whether the use is by the agency or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this paragraph applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.
(4)In sub-paragraph (4)—
(a)after “sub-paragraph (1)” insert “or (1A)”, and
(b)after “works on” insert “, or use of,”.
(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “or (1A)”.