Where a restriction prevents the disposal of council owned property unless made ‘in accordance with the Highways Act 1959 or some other Act or authority’, will a disposal in accordance with a local authority’s powers under Local Government Act 1972 be allowed?

Councils acquire property for a number of reasons, but they are, in general, free to use that property to deliver any of their statutory purposes. Sometimes, the property will be acquired on trust for a specified purpose or with conditions, which constrains use. Sometimes the current use of the land by the council will constrain disposal and future use, for example before disposing of school sports fields (see Schedule 1 of the Academies Act 2010 and section 77 of the School Standards and Framework Act 1998).

Interpreting restrictions upon the disposal of land can be problematic. What if a restriction prevents the disposal of council owned property unless made ‘in accordance with the Highways Act 1959 or some