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Sale, lease or exchange of land by local authority
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406. (1) Subject to subsection (2), any land acquired or appropriated by a local authority under this Act or any other enactment may, subject to such conditions (if any) as the local authority considers appropriate, be sold, leased or exchanged—
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(a) where the local authority no longer requires the land for any relevant function, or
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(b) in order to secure—
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(i) the best use of that or other land and the works (if any) which have been, or are to be, carried out on, in or under that or other land, or
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(ii) the carrying out of works appearing to it to be needed for the proper planning and sustainable development of its functional area.
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(2) (a) Subject to subsection (3), the consent of the Minister shall be required for any sale, lease or exchange of land under subsection (1) where, as appropriate—
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(i) the proposed price or rent, or
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(ii) what is to be obtained by the local authority on the exchange,
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is not the best reasonably obtainable.
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(b) Notwithstanding any other enactment, the consent of the Minister is not required for any sale, lease or exchange of land under subsection (1) to which paragraph (a) does not apply.
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(3) (a) Subject to paragraph (b), the Minister may prescribe the circumstances (if any) in which paragraph (a) of subsection (2) shall not apply to a sale, lease or exchange of land under subsection (1) to which paragraph (a) of subsection (2) would otherwise apply.
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(b) For the purposes of paragraph (a)—
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(i) the circumstances referred to in that paragraph shall be circumstances in respect of which the Minister is satisfied are of such urgency, or of such benefit to the public interest, that the disapplication of paragraph (a) of subsection (2) to the sale, lease or exchange of land under subsection (1) is warranted in those circumstances, and
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(ii) conditions (including conditions for the giving of public notice) may be prescribed which must be complied with in order for such disapplication to be effected.
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(4) Capital money arising from the sale, lease or exchange of land under subsection (1) shall be applied for—
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(a) a capital purpose for which capital money may be properly applied, or
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(b) such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances.
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(5) Where a local authority considers that the use of land acquired or appropriated by it under this Act or any other enactment will not be required for the purposes of any relevant function for a particular period, the authority may grant a lease of the land for that period (or any lesser period) and the lease shall be expressed as a lease granted for the purposes of this subsection.
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(6) The Landlord and Tenant Acts 1967 to 2019 shall not apply in relation to a lease granted under subsection (5).
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