Cumbria Council loses legal challenge over county split

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Cumbria County Council officeImage source, Google
Image caption,

Cumbria County Council is opposing the government's plan to split the county into two new authorities

A council has lost its second High Court bid for a judicial review of the decision to create two unitary authorities in Cumbria.

The government wants to replace Cumbria County Council and the existing six district councils next year.

The county council claims the plan is unlawful, although that was rejected by a previous High Court judge.

Reviewing that decision, The Honourable Mr Justice Fordham said the government had acted appropriately.

Last year, the Department for Levelling-Up, Housing and Communities announced plans to replace the existing district councils with two new unitary authorities: Westmorland & Furness Council in the east and Cumberland Council in the west.

Cumbria County Council said the move was politically motivated and would be "disastrous".

Image source, Cumbria County Council
Image caption,

The shake-up will see six district councils grouped into two unitary authorities

The council had claimed a judicial review was required as the government had failed to follow its own policies and processes correctly when deciding to divide Cumbria.

For example, it argued the government failed to follow its own guidance that unitary authorities should have a minimum population of 300,000.

The Honourable Mr Justice Fordham said the policy was a "rule of thumb rather than a hard and fast requirement", BBC Radio Cumbria political correspondent Bob Cooper said.

He also rejected the council's claim that the government had failed to properly weigh up all the pros and cons of the plan.

The council can appeal against the decision and has been approached for comment.

The elections for the two new councils are due to take place in May, with the authorities set to come into force in 2023.

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