Appropriation of land for planning purposes

Local authorities who have acquired land for a statutory purpose must hold that land for that purpose. They cannot use that land for a different purpose, unless authorised to do so by statute and can only change the purpose for which they hold land using statutory powers of appropriation. The power to appropriate land to planning purposes in this context simply involves formally changing the purpose for which land is held, so that it is held for a planning purpose. Appropriation of land for planning purposes can be a precondition to the power to override easements under section 203 of the Housing and Planning Act 2016 (HPA 2016).

Statutory background to the appropriation of land

Local authorities 'hold' land for particular statutory purposes, for example, for housing, environment, leisure or education. If a local authority wishes to change the purpose for which it holds land, it must transfer land from one statutory allocation to another using a statutory process called appropriation. For example, a local authority may appropriate a disused allotment to housing purposes.

The key planning powers to appropriate land from

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