Breckland District Council & Ors, R (on the application of) v The Boundary Committee & Ors

Breckland District Council & Ors, R (on the application of) v The Boundary Committee & Ors

The Boundary Committee was required to conduct meaningful public consultation on draft proposals, including affordability, and provide adequate information and time for representations. The Committee was not limited to a single alternative proposal and could consult in stages, provided the full proposal was eventually published for comment. There was no statutory requirement to compare alternatives with the status quo beyond what was implicit in the criteria. The process was not so fundamentally flawed as to require it to be quashed and restarted, and deficiencies could be remedied within the ongoing process.

Parties
Claimants: Breckland District Council & Others; Claimant: East Devon District Council; Respondent: The Boundary Committee for England; Interested Party: The Secretary of State for Communities and Local Government; Interested Party: Devon County Council
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeals allowed in part; no substantive relief granted at this stage
Legal Topics
Consultation Requirements, Statutory Interpretation, Procedural Fairness, Judicial Review, Local Government Restructuring
Administrative Law Local Government Law Consultation Requirements Statutory Interpretation Procedural Fairness Judicial Review Local Government Restructuring

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Parties

Breckland District Council & Others

Claimants

East Devon District Council

Claimant

The Boundary Committee for England

Respondent

The Secretary of State for Communities and Local Government

Interested Party

Devon County Council

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Boundary Committee was required to consult on affordability and in what manner
  2. 2 Whether the Boundary Committee could recommend more than one alternative proposal
  3. 3 Whether the Boundary Committee was required to compare alternative proposals with the status quo

Ratio Decidendi

The Boundary Committee was required to conduct meaningful public consultation on draft proposals, including affordability, and provide adequate information and time for representations. The Committee was not limited to a single alternative proposal and could consult in stages, provided the full proposal was eventually published for comment. There was no statutory requirement to compare alternatives with the status quo beyond what was implicit in the criteria. The process was not so fundamentally flawed as to require it to be quashed and restarted, and deficiencies could be remedied within the ongoing process.

Court Disposition

Appeals allowed in part; no substantive relief granted at this stage