Local authority powers relating to land

Copyright © 2025 LexisNexis

PLA power to acquire land by agreement

A PLA is, for these purposes, a council elected for a non-metropolitan county, a district or a London borough, and in relation to Wales, means a county or county borough.

A PLA may acquire as purchaser or lessee any land or interest in land (easement or right in, to or over land) inside or outside of its area by agreement:

  1. •

    for any of its functions under the  Local Government Act 1972 (LGA 1972) or any other enactment, or

  2. •

     or for the benefit, improvement or development of its area

This is the case even where the land is not immediately required for the purpose above in which case until it is required for the purposes for which it was acquired, the land may be used for the purposes of any of the council's functions, see: Acquisition by principal councils of land by agreement: Halsbury’s Laws of England (69A) 603.

PLA power to compulsorily acquire land and rights over land

CPO of land

A PLA may for any purposes for

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Local Government News

High Court dismisses claim brought by doctors’ advocacy body against GMC (R (on the application of Anaesthetists United Ltd and others) v GMC)

Local Government analysis: The High Court dismissed the judicial review claim brought by a doctors’ advocacy body against the General Medical Council’s (‘GMC’) ongoing failure to regulate associates in accordance with their over-arching duty of patient safety. Specifically, the GMC’s failure to prescribe national limits on physician associates’ and anaesthesia associates’ (together ‘Associates’) practice on the grounds of irrationality and a failure to comply with the Thameside duty of inquiry. The court confirmed the GMC’s decision was not irrational nor had the GMC failed to comply with their Thameside obligations given they had ‘embarked on an extensive research program to inform the development of its professional standards and guidance to be applied to associates...’ This case provides a comprehensive narrative of the concerns regarding the GMC’s regulation of Associates, the work undertaken by the GMC to bring the regulation of Associates into fruition, as well as a reminder of the case law concerning process and outcome irrationality. Written by Nicola Wheater, associate at HCR Law.

Family Public Law (FPL) re-release of PBA dropdown feature

HM Courts and Tribunals Service (HMCTS) has confirmed that following the release on 28 August 2025 of a dropdown feature for Payment by Account (PBA) (see LNB News 21/08/2025 1), it has received reports that some organisations were unable to locate their PBA number in the dropdown, which prevented them from submitting applications. As a result, HMCTS has made the decision to roll back the release to allow time for further investigation and the feature will be re-released on 2 October 2025.

Court underlines importance of procedural compliance in planning enforcement appeals (Herstmonceux Museum v SSCLG)

Planning analysis: In Herstmonceux Museum v SSCLG, the court held that challenges to enforcement appeal decisions involving a deemed planning application must proceed under section 289 of the Town and Country Planning Act 1990 (TCPA 1990), not section 288. It further confirmed that strict compliance with service and procedural requirements is essential, and failures within the 28-day limit are fatal to jurisdiction.

Procurement Act 2023—key developments since the ‘go live’

Public Law analysis: On 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) came into force. Procurements begun on or after this date are governed by PA 2023. Procurements begun before this date are governed by the previous legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011). This analysis highlights some of the key details and developments just over six months on from the PA 2023 ‘go-live’, with market insights and reflections from some of our expert contributors.

View Local Government by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Maladministration—complaints

Maladministration—complaintsSection 23 of the Local Government Act 1974 (LGA 1974), creates the role of the Local Government and Social Care Ombudsman (LGO) to investigate complaints of maladministration and/or service failure in relation to the following authorities:•any local authority including

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Maladministration—complaints

Maladministration—complaints

Maladministration—complaintsSection 23 of the Local Government Act 1974 (LGA 1974), creates the role of the Local Government and Social Care Ombudsman (LGO) to investigate complaints of maladministration and/or service failure in relation to the following authorities:•any local authority including

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Contributory negligence in personal injury claims

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an