An investigation into the use of land transactions devised to engage Section 203 of the Housing and Planning Act 2016

Abstract

This thesis examines the use of Overriding Power Schemes. An Overriding Power Scheme (‘OPS’) involves a local authority entering a purchase and sale or leaseback arrangement with private landowners in order to engage s.203 of the Housing and Planning Act 2016. S203 overrides easements and covenants and allows development of encumbered land to proceed without risk of an injunction. The Overriding Power is similar in effect to compulsory purchase powers and interferes with individuals’ rights but is not subject to the same rules and central government control as compulsory purchase powers. OPSs have not been the subject of much academic or judicial commentary. This work is significant in that it is the first in depth consideration of OPSs.
In order to understand how local authorities utilise OPSs I undertook a literature review, doctrinal research, a survey of local authorities and developed three case studies. Documentary analysis is used in the case studies to assess how local authorities decided to enter into OPSs.
Analysis of case law relating to OPSs, and the case studies highlighted some difficulties with the current regime, in particular the absence of an obligation on local authorities to consult with rightsholders, a lack of central government guidance, the use of an artificial device to engage a statutory power, and a questionable set of rules relating to compensation. It would be preferable to give local authorities express powers to override servitudes on private land with the checks and balances but there does not seem to be much demand for reform. To help address some of the deficiencies in the current law I have drafted a briefing note outlining law reform proposals, guidance and a template notice designed to improve how OPSs are used, which is part of my original contribution to practice.

Date of Award	22 May 2025
Original language	English
Awarding Institution	Northumbria University
Supervisor	Adam Ramshaw (Supervisor) & Raymond Arthur (Supervisor)