Councils lose unitary appeal

A last-ditch attempt to prevent Shropshire's move to unitary status failed in the Court of Appeal today.Congleton Borough Council, supported by Shrewsbury and Atcham Borough Council appealed against a judicial review decision last year which paved the way for Shropshire and other areas of the country becoming unitary authorities.

From next April the county, district and borough councils will effectively merge. SABC leader Peter Nutting said there would be "absolutely no cost" to the authority as a result of the appeal.

He added: "It's unfortunate this appeal has not gone anywhere but we are not surprised and we have been working very hard towards the new unitary authority with all the other councils in Shropshire since October and we will continue to do so.

"It's important that we all work together to make the new authority an efficient and cost effective council that serves the people of Shropshire for the future."

Arguments

County council leader Malcolm Pate welcomed the decision and said: "I am happy that this judgment supported the move to one council, and pleased that all six councils here in Shropshire are working well together to achieve that aim."

At the Court of Appeal, three judges dismissed the challenge. Lord Justice Carnwath rejected the councils' arguments that, in making crucial decisions prior to Act to change local government structures becoming law, the Secretary of State had pre-empted the will of Parliament.

The judge, sitting with Lord Justice Waller and Lord Justice Richards, dismissed claims actions taken by the minister before the Act was passed - including widespread consultation and preliminary decisions on the future - were legally "a nullity".

Lord Justice Carnwath did express "concerns" over the "potential risks" of a minister taking such crucial preparatory steps "in an area which is accepted as the province of the Legislature".

But dismissing the appeals, he said: "I find it impossible to avoid the conclusion that Parliament has, if only retrospectively, given its stamp of approval to the procedure in this case."