Best consideration and the Crichel Down Rules

Achieving best consideration on disposal of public land

General duty

Local authorities (LAs) are required under section 123(2) of the Local Government Act 1972 (LGA 1972) to achieve the best consideration reasonably obtainable when disposing of land, unless consent has been obtained from the Secretary of State/Welsh Government.

Section 233 of the Town and Country Planning Act 1990 (TCPA 1990) disapplies the duty in LGA 1972, s 123 in respect of land which has been acquired or appropriated for planning purposes, eg as a result of a compulsory purchase order. Instead, it provides that any land that has been acquired or appropriated by an LA for planning purposes and is for the time being held by them for the purposes for which it was so acquired or appropriated, may be disposed of only with the Secretary of State/Welsh Government's consent where such a disposal is to be for a consideration less than the best that can reasonably be obtained.

LAs are likely to be found in breach of this duty if they have failed to take proper advice, failed to

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