Wednesday, December 2, 2009
Court of Appeal reverses High Court decision on LGR
I have just had an e mail from Kathryn Sayward, Babergh's solicitor. Her message is that the Court of Appeal has rejected the contention of three Suffolk District Councils, which was upheld in the High Court, that the Boundary Committee's consultation process was flawed. This means, in the absence of a further appeal to the House of Lords, Local Government Review is back on the agenda.
I have not seen the judgement, but the fact that costs were given against the three District Councils implies that the opinion of the Court was strongly held.
I am not sure that the Suffolk Councils will be up for an appeal to the House of Lords since this would cost their taxpayers even more money and would not be popular when local services are under threat.
The uncertainty has not gone away however. I have no reason to believe that the Government has changed its mind on this matter. They would like to see unitary councils in Suffolk and Norfolk, but there will now be a race against time if they want to get the necessary instruments 'laid on the table' ahead of a General Election.
Babergh's official view, with which I concur even more strongly now that local government finances are so stretched, is that unitary councils are a 'good thing'. There is some difference of opinion among Members however as to which of the two options on the table represent the best way forward.