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Court challenge dismissed

Date: 04 Apr 2008

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."