Appropriation of land
Appropriation of land
- 1993
- Estates Gazette Case Summaries 1993 EGCS 14(2) (13/2/93) .
"Sutton LBC v Bolton and another" ChD 3 February 1993. Land purchased in 1950 by Surrey CC for use as a childrens home subject to restrictive covenants, including a restriction on erection of no more than one residential property per acre. In 1984 outline consent was obtained for houses. Following claims by to the enforcement of restrictive covenants, Sutton LBC resolved that under Local Government Act 1972 s272, the site should be appropriated from social services to planning in order to benefit from Town and Country Planning Act 1971 s127 (TCPA 1990 s246) Held that the land had not been validly appropriated under the 1971 Act and the development was not in the interests of proper plannng in the area.
APPROPRIATION OF LAND
Compulsory purchase
RESTRICTIVE COVENANTS
"Sutton LBC v Bolton and another" ChD 3 February 1993. Land purchased in 1950 by Surrey CC for use as a childrens home subject to restrictive covenants, including a restriction on erection of no more than one residential property per acre. In 1984 outline consent was obtained for houses. Following claims by to the enforcement of restrictive covenants, Sutton LBC resolved that under Local Government Act 1972 s272, the site should be appropriated from social services to planning in order to benefit from Town and Country Planning Act 1971 s127 (TCPA 1990 s246) Held that the land had not been validly appropriated under the 1971 Act and the development was not in the interests of proper plannng in the area.
APPROPRIATION OF LAND
Compulsory purchase
RESTRICTIVE COVENANTS