Decision

RESOLVED

(a) that the letter dated 7 September 2026 from the Minister for Local Government, Devolution and Regional Growth advising that Government is undertaking a review of the Local Government Reorganisation programme and that decisions made in March 2026 for certain areas have been withdrawn, be noted, including that the fourteen decisions made in July 2026 will be reviewed, and that affected councils have been asked to cease work on implementation pending conclusion of that review.

(b) that the Government’s decision to pause implementation and review the July 2026 decisions be welcomed, but note that the Minister’s letter does not expressly withdraw the decision of 16 July 2026 insofar as it relates to Devon, Plymouth and Torbay, nor does it remove the Council’s need to protect its legal position within the strict public law time limit for judicial review, on that decision.

(c) to request that the Secretary of State and Minister urgently confirm, in writing, whether the 16 July 2026 decision for Devon, Plymouth and Torbay is withdrawn, suspended, or remains in legal effect, and confirm the status of the review and future decision on that review.

(d) that the Leader of the Council be authorised, supported by the Director of Legal and Democratic Services, to write immediately to Government requesting withdrawal of the Devon, Plymouth and Torbay decision, or alternatively confirmation of a formal standstill which protects the Council’s position pending lawful reconsideration.

(e) that, if satisfactory written confirmation is not received within a period considered appropriate by the Director of Legal and Democratic Services having regard to legal advice and the public law timetable, approve the commencement of protective judicial review proceedings to preserve the Council’s jurisdictional position and avoid prejudice arising from the requirement to issue proceedings promptly, if required.

(f) that delegated authority be given to the Director of Legal and Democratic Services, in consultation with the Leader of the Council, to finalise and issue any further pre-action correspondence, agree any standstill or clarification if legally sufficient, lodge protective proceedings, seek expedition, interim relief, a stay or other protective, ancillary or consequential relief, and take all steps necessary for the conduct and management of the proceedings.

(g) that any decision to issue proceedings is for the purpose of protecting the Council’s legal position, statutory responsibilities and ability to obtain effective relief, and should not be taken as preventing constructive engagement with Government, affected councils and partners during the review process.