4(1)Section 237 of TCPA 1990 (power to override easements and other rights) is amended as follows.E+W
(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) ”.
Commencement Information
I1Sch. 9 para. 4 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)