Overriding Easements and Other Rights

Background

The Welsh Development Agency Act 1975 provides the Welsh Ministers with powers to compulsorily purchase lands and new rights needed to help deliver social and economic improvements.These powers include the ability to override existing easements and other rights in land in their ownership to the extent that the rights impede development that has the benefit of planning permission.

Similar powers within other statutes such as the Town and Country Planning Act 1990 have recently been amended in England by the Planning Act 2008.  This Act authorized the Welsh Ministers to amend the Welsh Development Agency Act 1975 in a similar manner.

Current situation and proposed solution

A Court decision in 1998 cast doubt upon the extent to which the powers remove impediments created by existing easement and rights.  The decision was that the power applied only to the works stated in the statute and not to the implied right to use the property where that use breached existing rights.   

The proposal is that, subject to the affirmative resolution of the National Assembly for Wales, the Welsh Ministers amend the Welsh Development Agency Act 1975 to enable them to override existing easements and rights that would impede uses that have the benefit of planning permission.  As with other overriding powers this would be subject to the payment of compensation.

How you can get involved

The consultation papers explain the proposals but if you require further information or wish to discuss any aspects of the subject please contact Adrian Edwards as indicated in the consultation papers.