9(1)Any land being, or forming part of, a common, open space or fuel or field garden allotment, which has been vested in or acquired by an urban development corporation or local highway authority for the purposes of this Part of this Act may be used by the corporation or authority, or by any other person, in any manner in accordance with planning permission, notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.E+W+S
(2)Nothing in this paragraph shall be construed as authorising any act or omission on the part of any person which is actionable at the suit(or in Scotland at the instance)of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.
[F1(3)Nothing in this paragraph shall be construed as authorising any act or omission on the part of an urban development corporation or local highway authority, or of any body corporate, in contravention of any limitation imposed by law on its capacity by virtue of the constitution of the corporation, authority or body.]
(4)In the application of this paragraph to Scotland, the words “or fuel or field garden allotment" shall be omitted.
Textual Amendments
F1Sch. 28 para. 9(3) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 19 para. 2(4); S.I. 2016/733, reg. 3(m)