Improved system for requesting the sale of public land

As the law presently stands, there is a little known and little used power under the Local Government Planning and Land Act 1980 that gives members of the public the power to request that empty land owned by local authorities, and a limited number of other public bodies, is sold off. 

In February 2011 the Department for Communities and Local Government (DCLG) announced that it plans to extend these rights to enable members of the public to reclaim and develop unused public sector land and buildings.

One of the problems of the current system for requesting the sale of public land and buildings is that it is so obscure and restrictive that it is rarely used.  According to government information only one successful application has been made in the last 13 years. This is despite the government openly acknowledging that there is a large amount of public sector land that could be developed for new homes, businesses and leisure facilities.  It is claimed that the extent of such land is equivalent to twice the size of Leicester!!

The government is therefore introducing an improved system in an attempt to make the current rules more accessible for members of the public enabling them to request that empty public sector land or buildings are sold off to enable them to be brought back into use.  It is also envisaged that the provisions will apply to land owned not only by local authorities but a much broader range of public bodies.

On 5 October 2011 the DCLG published new materials concerning the communities’ right to reclaim land including an online request form for applicants.

There is now a dedicated page on the DCLG website which explains how citizens can submit an online “Public Request to Order Disposal “(PROD) at http://www.communities.gov.uk/documents/localgovernment/pdf/1835775.pdf
 
In summary under the new ‘PROD’ system, a request for the sale of land should include the following.

1. The land or property is underused or vacant.

2. There are no suitable plans for the land which have been consulted upon and publically tested, or in place or likely to be put in place in an acceptable period of time.

3. Why the land should be disposed of in order to enable it to be brought back into use.

In light of the anticipated changes and particularly in light of the government’s desire to increase the number of residential and commercial developments, now is the time that developers and members of the community may want to start identifying land suitable for acquisitions under the new system.  

For further information, email Jamie Brown at j.brown@endeavourpartnership.com