County council’s bid to halt local government reorganisation refused
Last updated 19th Jan 2022
A BID to “push back the tides” of Local Government Reorganisation in Cumbria has been denied.
Cumbria County Council submitted an application to launch a legal challenge against the Department for Levelling-Up, Housing and Communities in 2021.
The Labour leadership of the county council opposed Westminster’s decision to split Cumbria into two unitary authority areas as they believe it was “unlawfully” done to serve the political agenda of the Conservative Government.
A letter seen by the Local Democracy Reporting Service confirms that permission has been refused for a Judicial Review.
It ordered the county council to pay the Secretary of State’s legal costs of £15,223.41 and a £7,500 contribution to the western councils and eastern councils respectively.
Cumbria County Council’s leader Stewart Young feels the public have not been properly consulted enough on the decision to abolish the county council all six existing district councils and replace them with two new councils: Westmorland & Furness Council in the east and Cumberland Council in the west.
But in his letter of refusal, High Court Judge Stephen Davies said that this was “not reasonably arguable”.
He said: “In such circumstances I accept the Secretary of State’s submission that it is not even arguable that there was a requirement for further consultation based on the implications of the change in policy intimated by the Prime Ministerial statement.”
Cllr Young told the Local Democracy Reporting Service that the two council split will also have an impact on services: “Our point was that the proposal from Copeland and Allerdale relied on there being a combined authority so they wouldn’t have to split up services.
“It’s become apparent that there’s no appetite from Westmorland and Furness to join a combined authority.”
Cllr Young said: “It is going to be disastrous and we wanted to do everything possible to try and stop it.
“I’m extremely disappointed at that decision.”
The Conservative leaders of Carlisle City Council, Allerdale Borough Council and Copeland Borough Council are all in support of the reorganisation, which will see their areas governed as one by Cumberland Council.
Mayor of Copeland Mike Starkie said that the Judicial Review was “nothing more than a delaying and diversionary tactic. He wasn’t even supported by his coalition partners in the Liberal Democrats.
“Stewart’s standing in the water trying to push the tides back. His days of trying to hold Cumbria back are numbered.”
Copeland’s mayor was a co-author of the east-west proposal. He called on Cllr Young to resign: “The reality is, it makes Stewart’s position untenable.”
Cllr Young responded: “It made me smile when I heard that. For Mr Starkie to say anybody’s position is untenable when he’s brought his council to the brink of bankruptcy.
“The only way Mike could get out of the mess he’s created is for (Copeland) council to be absorbed into a new authority.”
Liberal Democrats in the county council cabinet were not in support of the Judicial Review but chose not to break off their coalition with Labour over it.
Deputy leader Peter Thornton said: “I’m pleased that this has now been resolved and we can get on with creating two new viable authorities.”