Breaking: Devon issues LGR legal challenge

Devon leader Julian Brazil (Lib Dem) said the council did “not want to be in this position” but had to consider “all options available” to protect residents’ interests.

“I didn’t come into local politics to increase taxes and deliver worse services; that’s exactly what this decision risks doing,”

Caitlin Webb www.lgcplus.com

Devon CC has become the latest authority to begin legal proceedings against the government’s decision on local government reorganisation.

The county issued a pre-action protocol letter to the Ministry of Housing, Communities & Local Government yesterday as the first step towards seeking a judicial review.

Devon leader Julian Brazil (Lib Dem) said the council did “not want to be in this position” but had to consider “all options available” to protect residents’ interests.

“I didn’t come into local politics to increase taxes and deliver worse services; that’s exactly what this decision risks doing,” he said.

“The government has chosen a model that prioritises urban expansion while failing to address the concerns of Devon’s rural residents or the core services we deliver.”

Cllr Brazil said he was “not opposed to local government reorganisation” but objected to the government’s chosen model because it did not “give sufficient weight to the needs of rural and coastal communities across Devon nor the most vulnerable we are here to serve”.

Last month the government announced it would reorganise 11 councils in Devon and Torbay into four unitaries, which would result in an expansion of Exeter City Council boundaries and Plymouth City Council.

He renewed his call for prime minister Andy Burnham and communities secretary Angela Rayner to reconsider the decision taken by the previous administration.

“We do not want to be in this position, but we have to consider all options available. We must do everything to protect the interests of Devon residents and if that means a judicial review, then so be it,” he said.

The council argued the government’s preferred structure could leave local taxpayers facing implementation costs estimated at £80m and says it places too much emphasis on urban areas despite Devon being one of England’s largest rural counties.

Alongside the pre-action letter, Devon has submitted five freedom of information requests seeking details of how ministers reached their decision, including whether officials or advisers raised concerns about the chosen model before it was approved.

The authority’s cabinet is due to consider its legal options, including whether to proceed with a judicial review, at its September meeting. The government has 14 days to respond to the pre-action letter issued on Monday.

The latest move adds to growing legal opposition to the government’s reorganisation programme.

Last month, Hertfordshire CC agreed to prepare a potential legal challenge after ministers opted for a three-unitary model for the county rather than the county council’s preferred proposal.

Councillors voted in favour of the authority to taking legal steps, including obtaining specialist advice and issuing pre-action correspondence if required, at a full council meeting.

One thought on “Breaking: Devon issues LGR legal challenge

  1. We should all try to object to top down impositions by centralised bodies when they ignore the concerns of their tax-paying victims.

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