(1)A charge or other matter affecting land is a local land -charge if it falls within any of the following descriptions and is mot one of the matters set out in section 2 below:—
(a)any charge acquired either before or after the commencement of this Act by a local authority, water authority or new town development corporation under the [1936 c. 49.] Public Health Acts 1936 and [1937 c. 40.] 1937, the [1959 c. 25.] Highways Act 1959, the [1961 c. 64.] Public Health Act 1961 or the [1971 c. 41.] Highways Act 1971, or any similar charge acquired by a local authority under any other Act, whether passed before or after this Act, being a charge that is binding on successive owners of the land affected ;
(b)any prohibition of or restriction on the use of land—
(i)imposed by a local authority on or after 1st January 1926 (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by a local authority on or after that date), or
(ii)enforceable by a local authority under any covenant or agreement made with them on or after that date,
being a prohibition or restriction binding on successive owners of the land affected ;
(c)any prohibition of or restriction on the use of land—
(i)imposed by a Minister of the Crown or government department on or after the date of the commencement of this Act (including any prohibition or restriction embodied in any condition attached to a consent, approval or licence granted by such a Minister or department on or after that da(e), or
(ii)enforceable by such a Minister or department under any covenant or agreement made with him or them on or after that date,
being a prohibition or restriction binding on successive owners of the land affected ;
(d)any positive obligation affecting land enforceable by a Minister of the Crown, government department or local authority under any covenant or agreement made with him or them on or after the date of the commencement of this Act and binding on successive owners of the land affected;
(e)any charge or other matter which is expressly made a local land charge by any statutory provision not contained in this section.
(2)For the purposes of subsection (1)(a) above, any sum which is recoverable from successive owners or occupiers of the land in respect of which the sum is recoverable shall be treated as a charge, whether the sum is expressed to be a charge on the land or not.
The following matters are not local land charges:—
(a)a prohibition or restriction enforceable under a covenant or agreement made between a lessor and a lessee ;
(b)a positive obligation enforceable under a covenant or agreement made between a lessor and a lessee ;
(c)a prohibition or restriction enforceable by a Minister of the Crown, government department or local authority under any covenant or agreement, being a prohibition or restriction binding on successive owners of the land affected by reason of the fact that the covenant or agreement is made for the benefit of land of the Minister, government department or local authority;
(d)a prohibition or restriction embodied in any bye-laws ;
(e)a condition or limitation subject to which planning permission was granted at any time before the commencement of this Act or was or is (at any time) deemed to be granted under any statutory provision relating to town and country planning, whether by a Minister of the Crown, government department or local authority;
(f)a prohibition or restriction embodied in a scheme under the [1932 c. 48.] Town and Country Planning Act 1932 or any enactment repealed by that Act;
(g)a prohibition or restriction enforceable under a forestry dedication covenant entered into pursuant to section 5 of the [1967 c. 10.] Forestry Act 1967 ;
(h)a prohibition or restriction affecting the whole of any of the following areas:—
(i)England, Wales or England and Wales ;
(ii)England, or England and Wales, with the exception of, or of any part of, Greater London;
(iii)Greater London.