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Representatives from Devon and Norfolk county councils will appear at the High Court today as they attempt to block CLG plans for new unitary authorities in Exeter and Norwich. This week lawyers for the two counties were putting finishing touches to their court appeal against Eland House's controversial decision, announced in February, to create the two new unitaries from April 2011. The High Court was expected to decide whether there is a case to be heard when proceedings begin on 28 April. The two counties, which are sharing legal advice during their bid to block the proposals, believe the CLG reached its decision despite strong opposition from senior staff within at least three Whitehall departments – including Eland House's permanent secretary, Peter Housden, who warned communities secretary, John Denham, against the plan, in letters made public earlier this year. The counties also believe the Government ignored its own selection criteria for new unitaries, and passed over Boundary Committee advice. In contrast, ministers argued that unitary councils for Exeter and Norwich were supported locally, and provided the best opportunity for local economic growth. A source familiar with the counties' legal case said: ‘The court will hear… a wide range of evidence supporting the counties' arguments. But there's no doubt that the civil service's advice to ministers will form a key part of the evidence against the CLG's decision.' The CLG, meanwhile, has delayed the release of correspondence between Eland House and Exeter City Council until after the general election. Conservative Party leader, David Cameron, has pledged to scrap the unitary plans, if the Tories win an outright majority.

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WHITEHALL

Counties in court to block unitary plans

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