London Borough of Sutton v Bolton and Another: ChD 3 Feb 1993

Land had been owned by the authority and used as a children’s home. After a boundary change taking the land outside its area, it sought to sell the land for development. The neighbours, claiming the benefit of a restrictive covenant allowing only one house on the land, objected. Using the 1972 Act, the authority purported to override the covenant by appropriating the property to planning purposes. They now sought validation of that appropriation.
Held: The appopriation was unsuccessful. The section allowed no greater power than the power to acquire land for any particular purpose, and it could not have been acquired for that purpose, since the land was no longer within its district. The authority had to show the appropriation was for a purpose set out in the section, which did not include the satisfaction of the planning purposes of a different authority.


Paul Baker QC J


[1993] 68 P and CR 166, [1993] 91 LGR 566, [1993] 2 EGLR 181, [1993] 33 EG 91


Local Government Act 1972 122, Town and Country Planning Act 1971 127, Town and Country Planning Act 1990 237 246


England and Wales

Planning, Land

Updated: 02 June 2022; Ref: scu.261592