Decision

RESOLVED that:

A     HDC supports ECC’s contemplated JR proceedings, albeit on slightly different grounds, namely that: -

i)      MHCLG were and remain aware of the significant, immediate implementation costs (i.e. up to “Vesting Day”) that will fall upon HDC if a Structural Changes Order (SCO) is made to commence Local Government Reorganisation (LGR) in the proposed new West Essex Council area.

ii)     HDC cannot contribute to those LGR implementation costs without severe adverse impacts on its financial sustainability and ability to deliver its democratically mandated Building Harlow’s Future (BHF) programme.

iii)   It would be irrational for MHCLG to proceed with LGR in the proposed new West Essex Council area without making full provision in respect of those LGR implementation costs. Consequently, MHCLG should either meet the entirety of those costs, abandon its proposals for LGR in the proposed new West Essex Council area or defer those proposals until such time as the immediate implementation costs can be met without prejudice to HDC’s ability to deliver its BHF programme.

B     The Monitoring Officer be authorised, in consultation with the Leader of the Council and Section 151 Officer, to: -

i)      Secure formal/active “Interested Party” status in the contemplated proceedings and submit/argue grounds in the claim accordingly; and,

ii)     Otherwise participate in the contemplated proceedings and/or take such other steps as the Monitoring Officer may consider reasonable, necessary, desirable, ancillary or incidental to achieving the deferral of or adequate funding for LGR implementation in the proposed new West Essex Council area so as to safeguard BHF delivery.

Reasons for the decision

The May 2026 local elections provided a clear, unprecedented mandate to HDC’s administration to deliver its BHF objectives. HDC will not be able to do so if it is required to divert resource to LGR implementation in line with government’s intended timescales and absent any meaningful financial contribution from government to meet those implementation costs.

Alternative options considered

None.