2009 structural changes to local government in England


Structural changes to local government in England were effected on 1 April 2009, whereby a number of new unitary authorities were created in parts of the country which previously operated a 'two-tier' system of counties and districts. In five shire counties the functions of the county and district councils were combined into a single authority; and in two counties the powers of the county council were absorbed into a significantly reduced number of districts.
Elections to the new authorities took place on 1 May 2008 for some of the new authorities, which took up their powers on 1 April 2009. The other new authorities retained the existing county council as the "continuing authority" as of 1 April 2009 with elections taking place two months later on 4 June 2009.

Background

Following the passing of the Local Government Act 1992, the Local Government Commission for England recommended a number of unitary authorities to be created in England during the 1990s. The changes that were implemented meant that much of the country continued to have a two-tier arrangement of local government. Further proposals for unitary authorities in northern England, tied to the option of regional devolution, were put to a referendum in 2004 and were rejected. In 2006, the white paper Strong and Prosperous Communities invited local authorities in England to submit their own consensus-based proposals for unitary authority arrangements, to be submitted before 25 January 2007. Selected submissions went to a public consultation from March until June, with successful proposals announced in July. Legislative requirements for implementation were in place following the enactment of the Local Government and Public Involvement in Health Act 2007.

Proposed changes

Early responses

Various local councils indicated their wish to seek unitary authority status. Four medium-sized towns and historic county boroughs, overlooked by the 1990s review: Ipswich, Oxford, Norwich and Exeter proposed unitary status on their present boundaries, and commissioned a report jointly to press their case. Norwich announced its intention to respond to the invitation, as did Ipswich and Exeter. In Lancashire, Preston and South Ribble desired to form a single unitary authority although Preston bid for it alone. The City of Lancaster considered seeking unitary status on its present boundaries. Blackpool advocated a merger with the Fylde and Wyre districts, which they did not support. Pendle and Burnley also tried to form a unitary authority with Rossendale; however Rossendale rejected this.
The Local Government Chronicle suggested that the non-metropolitan counties of Cornwall, Shropshire, Durham, Cumbria and Northumberland would fit the government's criteria, and that the government would be unlikely to favour carving out unitary authorities from existing two-tier counties. Shropshire County Council, as well as two of the five districts of Shropshire, stated their wish for a move to unitary status. The issue was considered in Durham and Cumbria and the idea of a North Cumbria authority covering the Eden, Copeland, Carlisle and Allerdale districts had some support. The issue was also considered in Northumberland, with the county council in favour of one Northumberland unitary authority. Alan Beith, the MP for Berwick at the far north of Northumberland, suggested instead a three unitary solution, with authorities for the largely rural north and south-west, and an authority for the urban south-east.

Consultation period

On 26 January 2007, the government confirmed that 26 proposals for unitary authorities had been received. Various county councils proposed they should become unitary authorities: Bedfordshire, Cheshire, Cornwall, Cumbria, Durham, North Yorkshire, Northumberland, Shropshire, Somerset and Wiltshire. Districts seeking to become unitary authorities on their own were Bedford, Exeter, Ipswich, Lancaster, Oxford, Preston. Pendle and Burnley proposed merging as a unitary authority. On 27 March 2007, the government announced that the proposals by Bedfordshire, Bedford, Cornwall, Cheshire, Cumbria, Durham, Exeter, Ipswich, North Yorkshire, Norwich, Shropshire, Somerset and Wiltshire to become unitary authorities would go into the next phase, as would the proposal of Chester for a two-unitary authority Cheshire and by the districts of Northumberland for a two-unitary Northumberland.
On 25 July 2007 it was announced that the unitary proposals by Cumbria, North Yorkshire and Somerset had been rejected. On 5 December 2007 it was explained that the unitary proposals by Exeter, and Ipswich, like those of Norwich did not meet the requirements to proceed; but may be reconsidered after the Boundary Committee has conducted a review of local government structures across the whole of the two-tier counties they are currently a part of.
A legal challenge was made by Shrewsbury and Atcham Borough Council and by Congleton Borough Council to the government's decisions, on the basis that the reviews were made without statutory authority. The High Court and then on 4 March 2008 the Court of Appeal rejected the challenge, finding that the review had been legalized retrospectively.
† - in the context of examining options for unitary arrangements in the wider county area.
‡ - the Boundary Committee is asked to advise whether an alternative unitary proposal for Norwich based on revised council boundaries could deliver the required improvements.

Successful proposals

On 27 March 2007 Local Government Minister Phil Woolas announced that 16 councils bidding for unitary status had been shortlisted to go forward for public consultation. On 25 July 2007 Woolas' successor John Healey announced that nine proposals would proceed, subject to the approval of Parliament in the Local Government and Public Involvement in Health Act 2007. A further announcement on 5 December indicated that only the five county level proposals would proceed, while further consideration was to be given to the various proposals submitted for two more county areas. On 18 December it was confirmed that the two-authority plan for Cheshire would proceed. On 6 March 2008 it was confirmed that proposals for Bedford Borough Council to become a unitary authority on its existing boundaries, and for Mid Bedfordshire District Council and South Bedfordshire District Council to merge to create a new Central Bedfordshire authority would be implemented.

Single authorities

In the following areas, the existing non-metropolitan county has now also become a non-metropolitan district and the existing non-metropolitan districts have been abolished.
Ceremonial countyNon-metropolitan districts
abolished in 2009		New unitary authority
from 2009		Existing unitary authorities
from 1990s reforms		Map
CornwallPenwith
Kerrier
Carrick
Restormel
Caradon
North Cornwall		CornwallIsles of Scilly †
DurhamDurham
Easington
Sedgefield
Teesdale
Wear Valley
Derwentside
Chester-le-Street		DurhamHartlepool
Darlington
Stockton-on-Tees
NorthumberlandBlyth Valley
Wansbeck
Castle Morpeth
Tynedale
Alnwick
Berwick-upon-Tweed 		Northumberlandnone
ShropshireNorth Shropshire
Oswestry
Shrewsbury and Atcham
South Shropshire
Bridgnorth		ShropshireTelford and Wrekin
WiltshireSalisbury
West Wiltshire
Kennet
North Wiltshire		WiltshireSwindon

† sui generis unitary authority since 1890

Multiple authorities

In the following areas, the existing non-metropolitan counties have been abolished. Each of the two new non-metropolitan districts in Cheshire is now also a non-metropolitan county. In Bedfordshire, the new Central Bedfordshire non-metropolitan district is now also a non-metropolitan county, and the previous Bedford non-metropolitan district is now a unitary council.
Ceremonial countyNon-metropolitan districts
abolished in 2009		New unitary authorities
from 2009		Existing unitary authorities
from 1990s reforms		Map
BedfordshireMid Bedfordshire
South Bedfordshire		1. Bedford ‡
2. Central Bedfordshire		3. Luton
CheshireEllesmere Port and Neston
Chester
Crewe and Nantwich
Congleton
Macclesfield
Vale Royal 		1. Cheshire West and Chester
2. Cheshire East		3. Warrington
4. Halton

‡ existing district

Further changes

The Boundary Committee for England has completed its structural reviews for Norfolk, Suffolk and Devon.
Initial draft proposals were published in July 2008. The committee was expected to make final recommendations by 31 December 2008, but these were delayed, due to legal challenges; and because they didn't assess the potential new authorities in proposals which would have split up the counties between two or more unitaries in aggregate. As a result, a further set of draft proposals were published in March 2009:

Draft proposals for Devon

The further draft recommendations propose two unitary options:
The further draft recommendations propose two unitary options:
The further draft recommendations propose two unitary options:
Final recommendations were then due in July 2009.; but a successful legal challenge from three District Councils in Suffolk wanting a three unitary model for Suffolk to be considered by the committee resulted in a further delay. The Boundary Committee appealed this decision in favour of Forest Heath, St Edmundsbury & Waveney Councils in October 2009; in December they found out their appeal had been successful.
The Boundary Committee has now submitted its final recommendations to the Secretary of State. In all three counties the committee has stated that its preferred option is for a countywide unitary covering the whole of the existing two-tier area to be implemented. In addition in relation to Suffolk they have stated they have no major reservations about the two unitary pattern of North Haven & Rural Suffolk being adopted. Interested parties had until 19 January 2010 to make their representations to the Secretary of State.

Decision on reform

On 10 February 2010, Rosie Winterton, Minister of State for Local Government, announced the proposed final decisions on the unitary proposals:
The changes in Devon/Exeter and Norfolk/Norwich were to come into effect in April 2011, subject to judicial review. Draft structural changes orders were approved by the House of Lords on 22 March 2010, though the Lords took the unusual step of formally noting its regret. The amendments did not alter the draft orders or affect the legal validity of the Lords approval. The House of Commons approved the draft orders on 23 March. The final Exeter and Norwich orders were made on 24 March following a Government statement responding to the Lords vote. However, the orders were quashed in a judicial review causing elections to be held in Exeter and Norwich in September 2010.

Cancellation of further structural changes

The Queen's Speech at the May 2010 State Opening of Parliament included a Local Government Bill to revoke structural change orders that would have established Exeter and Norwich as unitary authorities and prevent the implementation of the Suffolk unitary proposals. The bill was introduced in the House of Lords on 27 May 2010.