The London Authorities (Property etc.) Order 1964

Lands held for planning purposes, acquired for development or surplus to requirements

9.—(1) This article applies to—

• lands held by the London County Council or the county council of Middlesex for planning purposes,

• lands held by the London County Council under section 97(2) of the London Government Act 1939 or section 33 (Development of land by Council) of the London County Council (General Powers) Act 1955 or by the county council of Middlesex under section 5 (Further powers to Council to acquire land), 12 (Power to develop lands &c.) or 211 (Acquisition of land for amenities) of the Middlesex County Council Act 1944, section 31 (Acquisition and development of derelict land) of the Middlesex County Council Act 1956 or section 12 (Power of Council to acquire land for rehousing) or 14 (Acquisition of land in advance of requirements) of the Middlesex County Council Act 1961, and not allocated to any purpose for which land may be acquired,

• any lands held by the London County Council or the county council of Middlesex and on 31st March 1965 no longer required for the purposes for which they are held,

other than—

(a) Green Belt land vested immediately before 1st April 1965 in the London County Council or the county council of Middlesex; and

(b) land described in article 11(8).

(2) The lands to which this article applies and all liabilities attaching to the London County Council or the county council of Middlesex in respect of any such lands shall by virtue of this order be transferred to and vest in or attach to the Greater London Council, and

(a) all contracts, deeds, bonds, agreements and other instruments sub-sisting in favour of, or against, and all notices in force which were given by, or to, the London County Council or the county council of Middlesex in respect of such lands and liabilities shall be of full force and effect in favour of, or against, the Greater London Council; and

(b) any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1965, by, or against, the London County Council or the county council of Middlesex in respect of such lands and liabilities shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the Greater London Council,

but between 1st April 1965 and 31st March 1968 the Greater London Council shall, after consultations with the London borough councils, the Common Council and the county councils of Hertfordshire and Surrey, prepare and submit to the Minister schemes with respect to such lands (and covering all such lands)—

(i) containing proposals as to the retention of particular lands or parts of lands by the Greater London Council and giving their grounds for such retention;

(ii) providing for the transfer of any lands or parts of lands to one, or to two or more jointly, of the following councils, namely the London borough councils, the Common Council and the councils of counties, county boroughs or county districts in or near to which such lands or parts are situated, and, in the case of a transfer to two or more councils jointly, providing for the management and control of the land or part by a body representative of both or all those councils,

and the Minister may, after consultation with the Greater London Council and as regards any land or part the council or councils of any of the following areas, namely the London boroughs, the City, counties, county boroughs and county districts, in which the land or part is situated and such other consultation as may appear to the Minister to be appropriate, confirm any such scheme (or, at any time, any part thereof) with or without modifications. Upon such confirmation the provisions of the scheme described in (ii), subject to any modification thereof, shall have effect by virtue of the scheme.

(3) At any time before the confirmation of the scheme provided for in paragraph (2) the Greater London Council may submit to the Minister a proposal for—

(i) the retention by them, or

(ii) the transfer to one, or to two or more jointly, of the following councils, namely the London borough councils, the Common Council and the councils of counties, county boroughs or county districts in or near to which such lands are situated (and in the case of a transfer to two or more councils jointly for provision for the management and control of the land or part by a body representative of both or all of those councils)

of any lands to which this article applies or any parts of such lands, and the Minister may, after consultation with the Greater London Council and the council or councils of such of the following areas, namely the London boroughs, the City, counties, county boroughs and county districts, in which the land or part is situated and such other consultation as may appear to the Minister to be appropriate, confirm the proposal with or without modifications. Upon such confirmation the provisions of the proposals described in (ii), subject to any modification thereof, shall have effect by virtue of the proposals.

(4) The Minister may require the preparation and submission to him by a specified date of a scheme under paragraph (2) with respect to lands in any specified area or of proposals under paragraph (3) in relation to specified lands or parts thereof.

10.—(1) This article applies to the following lands in Greater London—

• lands held by the county council of Essex, Hertfordshire, Kent or Surrey for planning purposes;

• lands held by the county council of Essex under section 5 (Further powers to Council to acquire land) or 121 (Acquisition of land for county roads or amenities) of the Essex County Council Act 1933 or section 15 (Development of land) of the Essex County Council Act 1952, by the county council of Hertfordshire under section 12 (Acquisition of land for county roads, amenities etc.) of the Hertfordshire County Council Act 1935 or section 9 (Acquisition of derelict land) or 10 (Development of land) of the Hertfordshire County Council Act 1960, by the county council of Kent under section 13 (Acquisition of derelict land) or 14 (Development of land) of the Kent County Council Act 1958 or by the county council of Surrey under section 5 (Further powers to Council to acquire land) or 68 (Acquisition of land for county roads and amenities) of the Surrey County Council Act 1931, and not allocated to any purpose for which land may be acquired;

• any lands held by the county council of Essex, Hertfordshire, Kent or Surrey and on 31st March 1965 no longer required for the purposes for which they are held,

other than—

(a) Green Belt land vested in the county council of Essex, Hertfordshire, Kent or Surrey; and

(b) land described in article 11(8).

(2) Any land to which this article applies and all liabilities attaching to the county council of Essex, Hertfordshire, Kent or Surrey, as the case may be, in respect of such land shall by virtue of this order be transferred to and vest in or attach to the council of the London borough in which the land or the greater part of the area thereof is situated, and

(a) all contracts, deeds, bonds, agreements and other instruments sub-sisting in favour of, or against, and all notices in force which were given by, or to, the county council of Essex, Hertfordshire, Kent or Surrey, as the case may be, in respect of such land and liabilities shall be of full force and effect in favour of, or against, the council of the London borough; and

(b) any action or proceeding or any cause of action or proceeding, pending or existing at 1st April 1965, by, or against, the county council of Essex, Hertfordshire, Kent or Surrey, as the case may be, in respect of such land and liabilities shall not be prejudicially affected by reason of the Act, and may be continued, prosecuted and enforced by, or against, the council of the London borough.