Local authority powers relating to land

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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

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Welsh Government publishes guidance on electronic invoicing and payment under Procurement Act 2023

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Diplomatic assistance for Gazan clients and rationality review (R (BEL & others) v SSFCDO)

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Public Law analysis: Judicial review: the High Court has granted permission to bring judicial review proceedings in respect of 2 out of 8 grounds in the claim by one of the founders of Palestine Action (PA) challenging the Home Secretary’s (SSHD) decision to proscribe PA. In opposing permission Counsel for the SSHD argued that the claimant could apply to the SSHD for PA to be de-proscribed. If this was refused the claimant could appeal to the Proscribed Organisations Appeal Commission (POAC). Counsel for the SSHD argued that there was therefore an adequate alternative remedy, which meant that judicial review was not available. This point was also argued at the interim relief hearing at which the court concluded that it did not, on its own, supply a sufficient basis to say that there was no serious question to be tried. At the interim relief hearing (at which interim relief was refused) the court indicated that the matter could be considered further at the permission hearing. The court determined that this matter should be heard as a preliminary issue at the permission stage. At the permission hearing the court determined the preliminary issue in the claimant’s favour. This was on the basis that an application to de-proscribe, coupled with an appeal to POAC if the application was refused, was not a suitable alternative remedy to judicial review in the circumstances of the case. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.

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