Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Appropriation definition

What does Appropriation mean? In practice, appropriation is the secured creditor taking ownership of financial collateral (or directing its transfer to a third party) to satisfy secured liabilities without a court order. It is a self-help enforcement remedy authorised by the Financial Collateral Arrangements (No. 2) Regulations 2003 (as amended), which implement the EU Financial Collateral Directive. It applies only to a “security financial collateral arrangement” and only where the security documents expressly provide a right of appropriation. Eligible collateral includes cash, financial instruments (for example, shares, bonds and other securities) and credit claims. On appropriation, the creditor must value the...

Appropriation of local authority land for planning purposes: LGA 1972 s 122; TCPA 1990 s 232; using HPA 2016 s 203 to override easements and covenants (England and Wales)

Published by a LexisNexis Planning expert

Practice notes

Local authorities that have obtained land for a statutory aim must retain it for that same statutory aim. They cannot use that land for another aim unless authorised by statute, and may alter its holding Purpose only via statutory Appropriation powers. In this setting, the ability to appropriate land for planning purposes is simply the formal administrative act of switching the purpose for which the land is held, so that it is retained for a planning objective. Authorities have relied on this for many years, and it is often a straightforward administrative step undertaken within local authorities. Yet, following Heaney (HRUK II (CHC) Limited v Heaney), there has been heightened recognition by both authorities and developers of the advantages of appropriating land to planning purposes and then disposing of it for development free of private rights affecting that land. This is especially relevant where the site would otherwise prove extremely challenging to build on. In such cases, appropriating land for planning purposes can be a prerequisite to invoking section 203 of the Housing and Planning Act 2016 (HPA 2016). That provision replaced section 237 of the Town and Country Planning Act 1990 (TCPA 1990) with effect from 13 July 2016...

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Kate Silverman

Clarke Willmott

Kate started her legal career at a local authority and subsequently has acted for RPs and local authorities throughout her career having worked for Devonshires and Lewis Silkin before joining TLT in 2009.Not only does she have extensive experience in advising on major regeneration projects, the acquisition of land for the development of mixed use social housing, and extra care schemes for Registered Providers and other charities, Kate also acts for local authorities in connection with education, housing and leisure projects.Kate acts for a number well known RPs, developers and local authorities up and down the country advising on site acquisition, large scale regeneration projects, complex stock rationalisation and local government law.She is currently advising RP, local authority, private developer and charity clients on the acquisition and development of a range of mixed use...

Web page updated on 21/05/2026

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