Challenge to council boundary would fail, says lawyer

An independent lawyer has advised a council that challenging the government over new local authority boundaries would have "no real chance of success".

A report going before Hampshire's county councillors suggests there has not been "a material error of law" and therefore a judge would not allow a judicial review.

New Forest Together, that is campaigning against boundary changes, has said it has received different legal advice that suggests there could be credible grounds for a challenge.

The decision to take parishes from New Forest and Test Valley and include them in a new South West Hampshire unitary authority has been criticised by politicians, businesses and residents.

The government has said previously that Local Government Reorganisation (LGR) would make councils simpler and more efficient.

Both the leaders of Hampshire County Council (HCC) and New Forest District Council (NFDC) have raised concerns about the government's decision to support option 1A and how it affects Totton and the Waterside villages.

It was supported by seven councils, including Southampton City, Portsmouth City and Eastleigh, Fareham, Hart, Havant and Rushmoor Boroughs.

East Hampshire District and HCC had never supported a five council option, pushing for four councils instead.

HCC leader Nick Adams-King vowed to pursue a judicial review in his first speech after re-election at full council last week.

He has previously said the new Mid Hampshire authority would be financially unsustainable without the tax base of the Waterside and industrial estates north of Southampton.

The Ministry of Housing, Local government and Communities has been approached for comment.

New Forest Together is a grassroots group of forest residents, businesses and politicians from all parties who are against plans to split the New Forest under local government reorganisation.

In its statement the group said it believed Option 1A did not meet the government's own tests for financial sustainability.

"Our position remains unchanged, every available avenue should be explored, every piece of evidence should be properly tested and every effort made to secure the strongest possible future for the New Forest," it added.

New Forest councillors in the cabinet will hear more on the advice at a meeting next week.

HCC has said "we intend to publish the legal advice in full at the appropriate point in time, subject to cabinet's final decision on 3 June".

LGR in Hampshire is happening alongside the creation of a combined authority and the creation of a mayor.

The new councils will be created next Spring with elections in May 2027 - they will operate as shadow authorities until they take over from existing councils in 2028.