Member

We recognise that, in some cases, development on these spaces is prevented if local authorities do not follow the procedure as set out in Section 123 of the Local Government Act 1972, leaving developers in legal uncertainty, notwithstanding that they have purchased the land, as the R Day v Shropshire Council case has shown. However, the amendment proposed will not resolve this issue effectively, and thus will fail to have the intended effect. It would create a contradiction of procedures in the Local Government Act 1972 and would also have retrospective effect. While we must accelerate development, it is critical that local authorities consult communities—a point made by the noble Lord, Lord Lansley—on the disposal of open land held in trust for public enjoyment to preserve the integrity of statutory procedures that protect public spaces.