An attempt by Cumbria County Council to stop the reorganisation of local government in the county has been refused by the High Court.
The Government’s decision to abolish all six district councils and the county authority to be replaced by a two councils – Barrow-in-Furness, South Lakeland and Eden would be governed by Westmorland and Furness council, while Allerdale, Copeland and Carlisle would be governed by Cumberland Council.
Cumbria County Council wanted to see a single authority covering the whole of the county called One Cumbria.
It said the Government’s decision was unlawful and pointed out that on the same day as the announcement for Cumbria, it had adopted a single authority approach for Somerset and North Yorkshire.
Cumbria County Council submitted an application to launch a legal challenge against the Department for Levelling-Up, Housing and Communities last year.
The Labour and Liberal Democrat leadership of the county council opposed Westminster’s decision to split Cumbria into two unitary authority areas as they believe it was unlawfully done to serve the political agenda of the Conservative Government.
But permission has been refused for a Judicial Review.
It ordered the county council to pay the Secretary of State’s legal costs of £15,223.41 and a £7,500 contribution each to the west and east councils.
High Court Judge Stephen Davies said the case was “not reasonably arguable”.
He said: “In such circumstances I accept the Secretary of State’s submission that it is not even arguable that there was a requirement for further consultation based on the implications of the change in policy intimated by the Prime Ministerial statement.”
A spokesman for Cumbria County Council said: “We can confirm we have now had a response from the High Court Judge in relation to the Judicial Review.
“Permission to pursue the Judicial Review has been refused, we are obviously very disappointed by this decision and we are now considering our next steps.”
The authority can appeal the costs and also proceed to an oral hearing if it seeks to renew the refusal.
Peter Thornton, leader of the Liberal Democrat group on Cumbria County Council, which did not support the council going to Judicial Review, said: “I’m pleased that this has now been resolved and that we can all get on with the job of creating two new councils.
“Liberal Democrats want these new councils to have a clear focus on housing for young workers, well paid jobs in our area plus combatting climate change and improving our environment.”
