Part 7: Compulsory Purchase Etc Power to override easements and other rights Section 203: Power to override easements and other rights
Easements and restrictive covenants on land can complicate the design of schemes and cause delay in their implementation. Local planning authorities and agencies with regeneration powers have statutory powers to override these rights when undertaking development (subject to the payment of compensation).
	Section 203 introduces a new power which extends the existing powers to override easements and restrictive covenants under the Town and Country Planning Act 1990 and other legislation to acquiring authorities, such as statutory undertakers, which do not already have those powers.
	Section 203 enables a person to interfere with easements and other rights when undertaking building or maintenance works on, or using, land which has been vested in or acquired by a "specified authority". The reference to "a person" would include a successor in title to the "specified authority".
	There are several conditions / limitations on the use of the power. There must be planning consent for the building or maintenance work / use of the land.
	The "specified authority" must be able (i.e. have the necessary "enabling powers" in legislation) to acquire the land compulsorily for the purpose of the building or maintenance work / the purpose of erecting or constructing any building, or carrying out any works, for the use.
	In addition, the development, whether by the specified authority or a successor, must be related to the purposes for which the land was acquired or appropriated by the "specified authority". This codifies the judgment in Midtown Ltd v City of London Real Property Company Ltd [2005] EWHC 33 (Ch). The Honourable Mr Justice Peter Smith held, at paragraph 47 of his judgment, that, if a local authority or a successor in title wished to rely upon the power to override easements in section 237 of the Town and Country Planning Act 1990, the proposed development must be related to the planning purposes for which the land was acquired or appropriated.
	The land must also have become vested in or acquired by a "specified authority" (or been appropriated for planning purposes by a local authority) after section 203 comes into force or be "other qualifying land" (as defined in section 205(1)).
	The provisions in respect of "other qualifying land" ensure that authorities that already have the statutory power to override easements etc. (being "the qualifying authority in relation to the land") will be able to exercise the new general power in the same way after commencement. Schedule 19 repeals the existing powers.
	The power to override easements etc. is not available in respect of a "protected right" (as defined in section 205(1)). There are also protections in place for the National Trust in section 203(10).