3(1)Paragraph 5 of Schedule 10 to the Housing Act 1988 (power to override easements) is amended as follows.E+W
(2)After sub-paragraph (1) insert—
“(1A)The use of any land in England which has been vested in or acquired by a housing action trust for the purposes of Part 3 of this Act, whether the use is by the trust or by any other person, is authorised by virtue of this paragraph if it is in accordance with planning permission even if the use involves—
(a)interference with an interest or right to which this paragraph applies, or
(b)a breach of a restriction as to the user of land arising by virtue of a contract.”
(3)In sub-paragraph (2) after “sub-paragraph (1)” insert “ or (1A) ”.
(4)In sub-paragraph (4)—
(a)after “sub-paragraph (1)” insert “ or (1A) ”, and
(b)after “works on” insert “ , or use of, ”.
(5)In sub-paragraph (7) after “sub-paragraph (1)” insert “ or (1A) ”.
Commencement Information
I1Sch. 9 para. 3 in force at 6.4.2009 by S.I. 2009/400, art. 3(h)