SCHEDULES
SCHEDULE 9Use of land: power to override easements and other rights
Town and Country Planning Act 1990 (c. 8)
I14
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)
”
.