33 Enforceability by local authorities of certain covenants relating to land

Part XII Miscellaneous

33  Enforceability by local authorities of certain covenants relating to land

(1)     The provisions of this section shall apply if a principal council (in the exercise of their powers under section 111 of the Local Government Act 1972 or otherwise) and any other person are parties to an instrument under seal which—

[(a)     is executed for the purpose of securing the carrying out of works on land in the council's area in which the other person has an interest, or

(b)     is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council's area in which the other person has an interest,

and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.]

(2)     If, in a case where this section applies,—

(a)     the instrument contains a covenant on the part of any person having an interest in land, being a covenant to carry out any works or do any other thing on or in relation to that land, and

(b)     the instrument defines the land to which the covenant relates, being land in which that person has an

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