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07 September 2012 / Nicholas Dobson
Issue: 7528 / Categories: Features , Local government , Public , Community care
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No carte blanche

Nicholas Dobson highlights a case where property rights trumped the local authority well-being power

In times past, generic local authority legal powers were rare as desert water. However, all that changed in 2000 when Pt 1 of the Local Government Act 2000 (LGA 2000) introduced the well-being power. This enabled authorities to do anything likely to promote or improve the economic, social or environmental well-being of their area or inhabitants.

Although the LAML decision of the Court of Appeal in June 2009 (Brent LBC v Risk Management Partners Limited and London Authorities Mutual Limited and Harrow London Borough Council as interested parties [2009] EWCA Civ 490, [2009] All ER (D) 109 (Jun)) had punctured the confidence of many authorities in the well-being power, the Localism Act 2011 (LA 2011) has now given birth to a bright and bouncing new all-purpose measure designed to set authorities free from the rusty chains of constricting vires. This is the general power of competence in Pt 1 of LA 2011 which (in soundbite overview) gives local authorities power to do anything anywhere that individuals generally

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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