Maidenhead & Windsor

A fire authority move to postpone consideration of the Royal Windsor and Maidenhead Borough's application to run the fire service locally has been turned down in the High Court (Thursday 12 November).

The Royal Berkshire Fire Authority had applied for an interim injunction to prevent the Local Government Association (LGA) considering the Windsor and Maidenhead council's application as planned on 20 November - but the judge refused the application on the grounds that an injunction would be contrary to good administration and refusing to grant an injunction would not prejudice the fire authority. Costs were awarded against the fire authority.

The fire authority contended that the LGA as the 'Selector' under the Sustainable Communities Act should not consider the matter until after the authority's separate application for a judicial review.

The Windsor and Maidenhead council opposed the injunction and afterwards Cllr David Burbage, council leader, 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."

Cllr Christine Bateson, one of the Royal Windsor and Maidenhead Borough's representatives on the fire authority, said: "Now we can move on and through the Sustainable Communities Act seek to achieve the local fire service that our residents want for the borough."

The fire authority's separate application to the High Court for leave for judicial review is on the grounds that they believe they were not adequately consulted and that the Sustainable Communities Act is not the appropriate legislation under which to take forward the proposal.

In the High Court the judge also ruled that the application for leave for judicial review should be heard on 19 January and, if leave were granted, that the review should be heard on the same day.

The Royal Borough of Windsor and Maidenhead