Section 235 Development of land held for planning purposes.C5 C7 C9 C1 C2 C3 C4 C6 C8 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19

A local authority F1or a non-mayoral combined authority or non-mayoral CCA may—

(a)

erect, construct or carry out on any land to which this section applies any building or work other than a building or work for the erection, construction or carrying out of which, whether by F2that authority or by any other person, statutory power exists by virtue of, or could be conferred under, an alternative enactment; and

(b)

repair, maintain and insure any buildings or works on such land and generally deal with such land in a proper course of management.

(2)

This section applies to any land which—

(a)

has been acquired or appropriated by a local authority F3or a non-mayoral combined authority or non-mayoral CCA for planning purposes, and

(b)

is for the time being held by the authority for the purposes for which it was so acquired or appropriated.

(3)

A local authority F4or a non-mayoral combined authority or non-mayoral CCA may exercise the powers conferred by subsection (1) notwithstanding any limitation imposed by law on their capacity by virtue of their constitution.

(4)

A local authority F5or a non-mayoral combined authority or non-mayoral CCA may enter into arrangements with an authorised association for the carrying out by the association of any operation which, apart from the arrangements, F6the authority would have power under this section to carry out, on such terms (including terms as to the making of payments or loans by the authority to the association) as may be specified in the arrangements.

(5)

Nothing in this section shall be construed—

(a)

as authorising any act or omission on the part of a local authority F7or a non-mayoral combined authority or non-mayoral CCA which is actionable at the suit of any person on any grounds other than such a limitation as is mentioned in subsection (3); or

(b)

as authorising an authorised association to carry out any operation which they would not have power to carry out apart from subsection (4).

(6)

In this section—

“alternative enactment” means any enactment which is not contained in this Part, in section 2, 5 or 6 of the M1Local Authorities (Land) Act 1963, in section 14(1) or (4) or 17(3) of the M2Industrial Development Act 1982 or in Chapter V of Part I of the M3Planning (Listed Buildings and Conservation Areas) Act 1990 F8or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023; and
“authorised association” means any society, company or body of persons—

(a)

whose objects include the promotion, formation or management of garden cities, garden suburbs or garden villages and the erection, improvement or management of buildings for the working classes and others, and

(b)

which does not trade for profit or whose constitution forbids the issue of any share or loan capital with interest or dividend exceeding the rate for the time being fixed by the Treasury.

Annotations

Notes on Part IX

Modifications

C1: Pt. 9 applied (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(4)
C2: Pt. 9 (ss. 226-246) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
C3: Pt. 9 applied (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(4)
C4: Pt. 9 applied (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(2)

Section 235 Development of land held for planning purposes.C5C7C9C1C2C3C4C6C8C10C11C12C13C14C15C16C17C18C19

Annotations

Textual amendments

Marginal citations

Modifications

Notes on Part IX

Modifications

Section 235 Development of land held for planning purposes.C5 C7 C9 C1 C2 C3 C4 C6 C8 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19