Councils lose first round in fight against abolition
Wednesday 29 June 1994
The High Court rejected an attempt by Somerset, Avon and Cleveland to overturn Local Government Commission recommendations that they should be replaced by 'unitary' authorities, combining the functions of county and district councils.
The councils argued that the plans were based on irrelevant factors, flew in the face of public opinion and would not secure more efficient local government.
But Lord Justice Staughton, sitting with Mr Justice Buckley, said the councils attacked the proposals because they disagreed with them - and that, by itself, was no ground for judicial review.
The commission was awarded costs against the councils, which are to seek leave to appeal.
Somerset complained that the commission, in proposing the creation of three one-tier unitary authorities based on West, Mid and South Somerset, failed to identify the interests of local communities or give appropriate weight to the cost of the proposals.
Avon, faced with replacement by the councils of Northavon and Kingswood, Woodspring, Bristol, and Bath and Wansdyke, said there had been a failure to consider the status quo, community identity and the difficulties of providing cross-boundary local government services now under one umbrella.
Cleveland, objecting to the transfer of its functions to the district councils of Hartlepool, Langbaurgh-on-Tees, Middlesbrough and Stockton-on-Tees, accused the commission of misconstruing policy guidance on co-operation between councils, failing properly to consult the public and reaching an unreasonable decision.
Yesterday's ruling followed failed appeals by Humberside and North Yorkshire.
- 1 Video shows how to turn your phone into a 3D hologram
- 2 Artist Jamie McCartney: How The Great Wall of Vagina is a stand against 'body fascism'
- 3 Katie Hopkins reveals fear she will die during brain surgery to cure epilepsy
- 4 'Gene drive': Scientists sound alarm over supercharged GM organisms which could spread in the wild and cause environmental disasters
- 5 Dutch King Willem-Alexander declares the end of the welfare state
Katie Hopkins reveals fear she will die during brain surgery to cure epilepsy
Tensions flare as Confederate flag supporter reaches for gun when confronted by protests – in pictures
'Gene drive': Scientists sound alarm over supercharged GM organisms which could spread in the wild and cause environmental disasters
Tom Cruise: Reporters banned from asking actor about Scientology
Dutch King Willem-Alexander declares the end of the welfare state
Yvette Cooper: Our choice is years of Tory rule under Jeremy Corbyn – or a return to a Labour government
Is Britain really full up? Are migrants taking our jobs? Leading academic answers the most common anti-immigration claims
Calais Migrant Crisis: Deputy Mayor of Calais labels Cameron's use of 'swarm' as 'racist' and 'ignorant'
While we fixate on Calais, the Home Office is quietly deporting dozens of migrants on 'ghost flights'
Calais crisis: The seven claims made about the migrants - and the reality
Calais crisis: For desperate migrants it is 'England or death' as they brave dogs, riot police and speeding trains
£18000 - £26000 per annum: Recruitment Genius: This is an opportunity for an I...
£17000 per annum: Recruitment Genius: They are a leading company in the field ...
£30000 - £35000 per annum: Recruitment Genius: This is an exciting opportunity...
£26041 - £34876 per annum: Recruitment Genius: There has never been a more exc...