Council merger to be heard in the High Court

HOPES of derailing the council merger have been boosted by a judge’s decision to hear Christchurch’s legal challenge in the High Court.

The authority, which is the only council opposed to Local Government Reorganisation, has been granted permission to have its Judicial Review application heard.

This followed the decision by the former Secretary of State for Housing, Communities and Local Government, Sajid Javid, to approve plans for Christchurch to merge with Bournemouth and Poole councils.

He also gave the green light for the six other Dorset councils to form a single unitary authority.

Mrs Justice Lambert has ordered that Christchurch’s case will be heard in the High Court as soon as possible and by July 27.

Councillor David Flagg, Christchurch leader, said: “Christchurch Borough Council firmly believes the regulations that have passed through Parliament approving the creation of two new unitary councils in Dorset are ultra vires.

“Based on the local poll we believe the majority of our residents remain opposed to local government reorganisation in Dorset and being granted permission to have our Judicial Review application heard in the High Court demonstrates that we have an arguable case.”

“Whilst the Government might believe that our case is absurd that it is clearly not the view of the Judge and we believe we have a strong legal argument.

“The council has been thorough and meticulous in its approach and being granted permission sends a strong message that the case is wholly with merit.

“I am pleased that we are able to continue to challenge the abolition of Christchurch Borough Council in line with the wishes of those we were elected to represent and we will continue to do so.”

Christchurch Borough Council officers will now work with its legal advisors preparing the case for a substantive hearing.

Councillor David Jones, co-ordinator of the Keep Christchurch Special group, said: “I’m very pleased that the judge has allowed our judicial review to take place.

“In itself this is a major achievement and shows that the judge recognises the weight of our case.”

A statement from the eight other Dorset councils, who are all in favour of the two respective mergers, said: “It is not surprising that permission has been granted for the judicial review to go ahead, given that the challenge relates to new legal powers that have not been previously used.

“We fully expect the review to conclude that the Secretary of State made the decision lawfully. In the meantime, nothing has changed in terms of the plans that are already in place, and we are continuing to prepare for the launch of the new councils in April 2019.”

Article originally appeared on Daily Echo

The Institute cannot confirm the accuracy of this story or confirm that it presents a balanced view. If you feel this is inaccurate we would welcome your perspective and evidence that this is the case.

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