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ARTICLE · 28 NOVEMBER 2018

Section 203 As A Regeneration Tool

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It has now been two years since s203 of the Housing and Planning Act 2016 became operative, replacing s237 of the Town and Country Planning Act 1990 (TCPA).

United KingdomReal Estate and Construction

It has now been two years since s203 of the Housing and Planning Act 2016 became operative, replacing s237 of the Town and Country Planning Act 1990 (TCPA). While s203 does not entirely resemble its predecessor, this does not appear to have dampened or affected the development industry's confidence on the benefits of using the provision, and it continues to be utilised as part of the development process.

Section 203 is a useful tool for de-risking development. Its purpose and effect is to allow third-party rights in or over land to be lawfully interfered with. It enables development to take place, free from a threat of injunction, where it would otherwise stall pending negotiations and resolution being reached with a third party.

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