Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Local authority definition

What does Local authority mean? In legal practice, a local authority is the elected council that provides local government for a defined area, exercising statutory functions including planning, housing, social care, education, highways, environmental health, licensing, and the collection of council tax or rates. The expression appears widely in legislation and case law; its precise scope is set by the relevant statute. England: county councils and district councils (including metropolitan boroughs), unitary authorities, London Boroughs and the Common Council of the City of London; parish and town councils are local authorities at the most local tier. Wales: unitary county and county borough councils. Scotland: the...

Local authority compulsory purchase under TCPA 1990 s 226: scope, procedure, well-being/regeneration tests and limits on off-site benefits after Sainsbury’s v Wolverhampton (England and Wales)

Published by a LexisNexis Planning expert

Practice notes

Context

Compulsory purchase powers permit designated bodies, called acquiring authorities, to take land without the owner’s consent where Parliament has conferred authority, so that the body can deliver defined functions in the public interest. A person whose land is taken compulsorily will ordinarily be entitled to compensation. These powers exist only by virtue of statute. Numerous enabling provisions appear across Acts of Parliament; each will set out which body or bodies may acquire land and/or rights over land by compulsion, and the purposes for which acquisition is permitted. Typically, such provisions empower public authorities and government departments to obtain land and/or interests in land needed to perform their functions, but they do not delineate the particular plots to be acquired. Even where an acquiring authority benefits from enabling powers, it must still draft, make and secure confirmation of a specific CPO identifying the land to be affected. The authority to promote a particular CPO, and the conditions under which it may proceed, are contained within the relevant enabling legislation...

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Web page updated on 22/05/2026

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