A considerable number of Save Our Shire (S.O.S.) members and supporters were present at a Special Resources Committee of Richmondshire District Council held in Swale House on 22nd March.
The purpose of the meeting was to discuss the issues relating to the proposed sale and development of Yorke Square car park and the Judicial Review that was launched by S.O.S in June 2006 and is now in its 2nd Stage. The solicitor employed by the District Council to advise them about the Judicial Review issue was also present.
The debate followed a presentation by Council Officers, both of which were held in private, to consider:
“. . . details of the Council’s case in the defence of an application for Judicial Review submitted on behalf of a campaign group ‘Save our Shire’ against a decision of the Council’s Environment and Planning Committee in February 2006. “
Before the private debate took place several letters were read out by members of the public, including one from the Civic Society and one from the Landmark Trust (owners of Culloden Tower). The letters re-stated the strength of the legal case and the serious risks that the Council will face if it pursues the matter further i.e. risks to do with legal and financial issues, publicity and public opinion. Prior to the meeting the Save Our Shire committee tabled a briefing note from its solicitor which set out the legal points concisely in order to ensure that Councillors were aware of the points at issue. (A considerable amount of the legal details had been withheld from Councillors by Senior Officers over a period of time).
Councillors had been advised by Senior Officers for some time that S.O.S. had a weak case but, as is well known, that advice was incorrect because a High Court Judge ruled that, on every point raised by S.O.S., the District Council has a case to answer.
After a very lengthy debate it was decided that a second legal opinion from a Q.C. specialising in planning matters should be sought.
This means that opinions within the Council were so divided that, in addition to the cost of the original legal advice obtained, even more taxpayers’ money will be spent. And legal advice is costly!
It beggars belief that this decision was made at a time of great uncertainty about the outcome of the Government’s White Paper on the future structure of Local Government. The decision is particularly surprising for the following reasons:
a) if the Government decides that unitary authorities are the way forward, District Councils will be abolished and,
b) at a recent meeting, North Yorkshire County Council (NYCC) voted to apply to the Government for status as a unitary authority. Since that application for unitary status was made, the Government has given its approval for NYCC to continue with its application.
Readers will know that shortly after the District Council’s decision was taken to seek further expensive legal advice, the Government announced a three-month consultation period on proposals to create unitary authorities for County Durham, North Yorkshire and Northumberland.
The District Council’s decision means that more taxpayers’ money will be spent on a second legal opinion concerning the sale of Yorke Square car park to fund the re-location of offices it might never need.
Far better to spend a fraction of the cost of re-location on refurbishing existing offices to make them fit for staff to work in.
Watch this space for the latest news!
