SCHEDULES
SCHEDULE 3

The New Towns Code
Part V

Special Powers in Relation to Land Acquired

Use and development of open spaces
37
1
Any land to which this Part of the new towns code applies which is or forms part of a common, open space or fuel or field garden allotment, may—
a
in the case of land acquired by the Board or a local highway authority, be used by them, or by any other person, in any manner in accordance with planning permission.
b
in the case of land acquired by the Secretary of State, be used in any manner by him or on his behalf for any purpose for which he acquired the land,
notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.
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 of any person on any grounds other than contravention of any such enactment as is mentioned in sub-paragraph (1) above.
3
Nothing in this paragraph shall be construed as authorising any act or omission on the part of the Board or a local highway authority, or of any body corporate, in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the Board, authority or body.
Functions under Sch. 3 so far as exercisable jointly by Minister of Transport and Secretary of State now exercisable by Secretary of State for Transport: S.I. 1981/238, art. 2(1)(b), Sch.