Injunction against council's fire service bid quashed by High Court
November 14, 2009 9:35 AM
By Claire Smith in Maidenhead Advertiser Online
By Claire Smith in Maidenhead Advertiser Online
The fire authority's attempts to delay the Royal Borough's application to take charge of the fire service in area has been crushed by the High Court.
The council wants to take charge of the service after the Royal Berkshire Fire Authority announced controversial plans to close Windsor Fire Station at night.
The proposal is set to be considered by the Local Government Association - the body which deals with such applications.
However, the Royal Berkshire Fire Authority put forward an interim injunction in a bid to prevent the council's application being considered as planned on November 20.
A High Court judge has refused to pass the injunction on the grounds that it would be contrary to good administration, and that by refusing it would not prejudice the fire authority. Costs were awarded against the fire authority.
The fire authority contested that the LGA, as the 'selector' under the Sustainable Communities Act, should not consider the matter until after the fire authority's separate application for a judicial review.
Council leader Cllr David Burbage said: "We are very pleased that the High Court has cleared this legal challenge, which we considered was without merit, and that we can continue to work towards fulfilling the wishes of our residents who want the council to provide a local fire service for local people."