23  Consents

If Authorities are transferring land under a non-HRA Project at less than market value then they will need to consider whether or not they need to make an application to the Secretary of State for specific consent for the disposal under section 25 of the Local Government Act 1988.  Authorities will need to take advice on this issue given the particular circumstances of the project and of the Authority as the Authority may (if relevant) be able to utilise the General Housing Consents 2005.  A failure to ensure an appropriate consent is obtained may result in the land disposal transaction being void.

In addition, a specific consent from the Secretary of State will need to be obtained by Authorities under section 25(3) of the Local Government Act 1988 in respect of the Project Agreement.  Payment of the Unitary Charge under the Project Agreement has been determined under previous non-HRA Projects to constitute a gratuitous benefit under section 25(3) which will render the Project Agreement void unless a specific consent for the Project Agreement is obtained by the Authority.