Exeter and Norwich unitary fight set for High Court in April despite parliamentary approval
Devon and Norfolk County Councils have vowed to continue their legal challenge to the creation of unitary authorities in Exeter and Norwich, despite Parliament this week approving the necessary implementation orders.
The High Court showdown is expected to take place on 28 and 29 April.
A majority of peers approved the implementation orders on Monday but there was also backing for a motion put by retired judge Baroness Butler-Sloss regretting the process and calling on the Department for Communities and Local Government to hold further consultation.
MPs passed the bill on Tuesday. The government must now consider whether to hold another consultation period – its intentions are expected to be made clear by the end of the week.
In a statement issued after the Lords’ vote, Devon County Council said: “The big defeat [on the Butler-Sloss motion] reinforces the criticisms of the government’s handling of the process and the serious flaws in the orders made by the Permanent Secretary at the Department of Communities and Local Government, the Lord’s Merits Committee and the Joint Committee for Statutory Instruments.
“Both councils [Devon and Norfolk] believe their case is significantly strengthened by the government’s heavy defeat in the Lords.”
Adrian Fulham, leader of Exeter City Council, earlier called on Devon County Council to “accept the outcome and work with us to help create the new authority”.
He added: “We already work well together to develop the East of the city. Let’s roll our sleeves up and get on with it.”
Councillor Steve Morphew, leader of Norwich City Council, said: “A new council, focussed on the needs of the city, working in partnership with the county as equals, will bring benefits to everyone. We look forward to working closely with county council colleagues to shape a successful future.”
The new unitaries would come into being in April 2011 if they get the final go-ahead. However, the Conservatives have warned they will overturn the decision to establish the unitaries if they win the general election.
