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No carte blanche

07 September 2012 / Nicholas Dobson
Issue: 7528 / Categories: Features , Local government , Public , Community care
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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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