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The High Court has dismissed a challenge from a
resident against the council.
The case, brought by Pat Bath from Pill, which claimed that the
council was bound to use all of the net capital receipt from the
transfer of its housing stock (whatever it amounted to) on housing,
was rejected in the court judgement issued today (Friday, 4
April).
The court has confirmed that the council was correct in the way
it has reviewed its use of the monies received from the transfer of
its housing stock in light of the varying spending priorities it
faces.
The court agreed that the council had not made any clear and
unqualified commitment to spend all of the money, which rose during
the transfer process from around £8m to around £22m, on
housing.
Mrs Bath based her claim on proposals contained in tenant
consultations prior to the transfer but the judge acknowledged that
those spending proposals would inevitably be affected by future
spending and revenue raising decisions.
Use of the receipt was reviewed by the council in 2007. The
increase in the amount received, the consultation proposals and the
needs and priorities of the council's whole community were
considered in setting the new budget direction. The court
recognised that there were changes of circumstance which entitled
the council to conclude that it was in the public interest to
respond to changed circumstances.
Council Leader, Nigel Ashton, said: "I am very pleased that the
court has found emphatically in our favour. This judgement confirms
the actions we have taken and clears the way for spending on the
priorities we have set out.
"I know there will be significant benefits to the people who
live, work and visit North Somerset when we increase spending on
things such as maintenance of the roads; and this process has been
delayed for the last nine months while this case has been
heard." |