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Local parish council wins legal fight against Stockport MBC
24/08/2011

Offerton Park Parish Council, advised by leading North West law firm Brabners Chaffe Street, is celebrating after winning its legal fight against Stockport Metropolitan Borough Council, which tried to abolish it.

Metropolitan Borough of Stockport had passed a resolution abolishing the Parish Council (which has responsibilities for such matters as the maintenance of street lighting, footpaths, benches, litter wardens and bus stops), having concluded that the majority of parish residents were in favour of its abolition following a consultation exercise. Offerton Park Parish Council disputed this, on the grounds that the large majority of electors had not expressed a view in favour of either its abolition or its retention.

The Court was told that the area had much improved since the establishment of the Parish Council in 2002 and that, prior to that, conditions were so poor that the Offerton estate's main claim to fame had been that some of the police chases shown on TV were filmed there.

His Honour Judge Philip Raynor QC described Stockport MBC's conclusion as “irrational” and found that its failure to have regard to the fact that most residents had not expressed a view one way or another was unlawful.

Jeff Lewis, Commercial Litigation Partner at Brabners Chaffe Street, who led the team which advised Offerton Park Parish Council on its legal dispute comments: “We are delighted with the result we have achieved for the Parish Council. There were no grounds for Stockport MBC's view that the public generally favoured abolition, and we are pleased that the valuable services which the Parish Council provides can continue.”

Councillor Janet Bannister said: “Last year the Parish Council told Councillor Goddard and Stockport MBC that there was no majority public support for abolition of the Parish Council. But, nearly £250,000 of council tax payers' money has been blown so that Councillor Goddard can hear the court say exactly the same thing. He needs to start listening.”

Councillor Eddie Gallacher, Chair of Offerton Park Parish Council, added: “It is a pity that it had to get to court. We are delighted with the support and hard work of Brabners Chaffe Street, without which we would have struggled. I only hope that Stockport Council will now start to talk to the Parish Council rather than dictating. There is no majority support for abolition and that is a clear fact.”

Parish and town councils are the most local tier of government in England. The government is strongly supportive of parish councils, recognising the role that they can play in terms of community empowerment at local level.


For further information contact Jeff Lewis at Brabners Chaffe Street on 0161 836 8800

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