Best consideration and the Crichel Down Rules

Copyright © 2024 LexisNexis

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Planning News

DESNZ announces new measures for Warm Homes Plan

The Department for Energy Security and Net Zero (DESNZ) has announced new measures for its Warm Homes Plan, with the aim of upgrading 300,000 homes in 2025. These measures include increased funding for the Boiler Upgrade Scheme to facilitate heat pump adoption and the amendment of existing permitted development rights to remove the one-meter planning rule for heat pump installations in England, enabling more households to install air source heat pumps without obtaining planning permission from early 2025. DESNZ also plans to consult on raising minimum energy efficiency standards for rented homes by 2030 and improving standards for new boilers and heat pumps. In addition, it will introduce a reformed Clean Heat Market Mechanism from 1 April 2025.

PINS updates RoW guidance and archives certain advice notes

The Planning Inspectorate (PINS) has consolidated several of its Rights of way (RoW) advice notes, including 1, 3, 9, 16, 20, 21, 22, and 23, into the appendices of the RoW guidance booklet. Advice notes addressing policy and legal matters, including 5, 6, 8, 11, 12, 14 15, 19, which fall outside PINS’ remit, will no longer be updated and will be archived. Additionally, the consistency guidelines have also been archived and will not be updated.

Planning weekly highlights—21 November 2024

This week's edition of Planning weekly highlights includes: a written ministerial statement on housing, Welsh consultations on changes to planning services in Wales, including increased planning fees, and new regulations for the control of works to trees, new PINS guidance on statements of common ground for appeals, and publication of the November 2024 planning update newsletter.

UKGBC launches second consultation on Climate Resilience Roadmap

The UK Green Building Council (UKGBC) has launched a second consultation on the Climate Resilience Roadmap, aimed at assisting the built environment in adapting to climate change. The consultation document outlines five key policy recommendations, including prioritising climate safety at a national level under the Prime Minister's leadership, reforming the planning system, and ensuring existing and new buildings are prepared for future climate hazards. The consultation also seeks feedback on updated proposals from the UKGBC’s July 2024 consultation, with the aim of refining the roadmap before its final publication. The final roadmap, scheduled for publication in March 2025, will comprise a policy recommendations report, technical guidance, and an interactive 'vulnerability to climate hazards' web map. The consultation closes on 6 January 2025.

View Planning by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Statutory blight

Statutory blightWhat is statutory blight?Blight occurs when the value of a property is reduced because of proposed development or public works, which make it difficult for homeowners to sell their properties at market value because these properties will ultimately be required for or impacted by

Compulsory purchase—compensation

Compulsory purchase—compensationContextThe compulsory purchase system is based on the principle that an owner of land or rights compulsorily acquired or interfered with is entitled to the payment of compensation. Thus, assessment of the compensation is a key element in the compulsory purchase

If a fresh planning application is made in relation to land that has the benefit of an existing planning

If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?Implementation of planning

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure)
Statutory blight

Statutory blight

Statutory blightWhat is statutory blight?Blight occurs when the value of a property is reduced because of proposed development or public works, which make it difficult for homeowners to sell their properties at market value because these properties will ultimately be required for or impacted by

Compulsory purchase—compensation

Compulsory purchase—compensation

Compulsory purchase—compensationContextThe compulsory purchase system is based on the principle that an owner of land or rights compulsorily acquired or interfered with is entitled to the payment of compensation. Thus, assessment of the compensation is a key element in the compulsory purchase

If a fresh planning application is made in relation to land that has the benefit of an existing planning

If a fresh planning application is made in relation to land that has the benefit of an existing planning

If a fresh planning application is made in relation to land that has the benefit of an existing planning consent, would it 'cancel out' the existing planning permission or would the existing permission remain if the subsequent application is refused or withdrawn?Implementation of planning

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper

What is the precedent value of an Upper Tribunal decision on other courts? Would a decision of the Upper Tribunal (Lands Chamber) on the interpretation of the National Planning Policy Framework, National Planning Practice Guidance and the Town and Country Planning (Development Management Procedure)