Derbyshire County Council, R (on the application of) v Barnsley, Doncaster, Rotherham And Sheffield Combined Authority

In this judicial review, Derbyshire County Council challenges the lawfulness of a public consultation exercise carried out by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority, the Combined Authority. It came before me as a rolled up hearing. I grant permission.

The public consultation was carried out in connection with a scheme proposed by the Combined Authority under the Local Democracy, Economic Development and Construction Act 2009, the 2009 Act, now significantly amended by the Cities and Local Government Devolution Act 2016, the 2016 Act. The 2009 Act introduced powers to create combined authorities, which could benefit from “Deals” with central government involving devolution of some powers, with additional government funding.

The proposed scheme involved extending the area of the Combined Authority to include Chesterfield Borough Council, a district council within Derbyshire County Council’s area, and Bassetlaw District Council, a district council within the area of Nottinghamshire County Council. It also included the devolution of powers from the Government to the Combined Authority and the transfer of some powers from the two County Councils. The proposed scheme would also change the name of the extended Combined Authority to the Sheffield City Region Combined Authority, SCRCA.

Whilst Bassetlaw DC is contiguous with the existing Combined Authority, Chesterfield BC is not, but wishes to be a part of it. Parts of North East Derbyshire DC’s and Bolsover DC’s areas, both district councils within Derbyshire, surround Chesterfield BC’s area, and lie between Chesterfield BC’s area and the current boundary of the Combined Authority.

The Combined Authority became a Mayoral Authority by the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order SI 2016 No.800. As yet it has no mayor. The first Mayoral elections are due to take place on 4 May 2017.