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Campaigners lose legal fight over leisure centre shake-up plans

News | Emily Gill - Local Democracy Reporting Service | Published: 11:17, Wednesday March 4th, 2020.
Last updated: 15:50, Thursday March 5th, 2020
Campaigners fighting to stop the closure of Pontllanfraith Leisure Centre outside Cardiff Justice Centre in June last year

A bid to halt a council shake-up of leisure centre services has been thrown out by the Court of Appeal.

Campaigners fighting to save Pontllanfraith Leisure Centre, which had been earmarked for closure under the plans, brought the legal challenge.

Caerphilly County Borough Council’s leader said the victory “vindicated” the local authority’s approach and criticised campaigners for “dragging this issue through the courts”.

She has also said there are no immediate plans to close Pontllanfraith Leisure Centre – despite the fears of residents who remain unconvinced.

The council had previously been forced to halt plans to close the centre after a High Court judge ruled it had failed to consider the impact on vulnerable people.

Pontllanfraith leisure centre closure decision “unreasonably” made

But a bid to have the council’s entire sport and leisure strategy – which included the proposed closure – as unlawful was dismissed.

Campaigners had hoped to overturn the ruling at the Court of Appeal – but this has now been thrown out, meaning the council can resurrect plans to shut the leisure centre.

Shane Williams, who took the case to the Court of Appeal in London, said: “Naturally we are disappointed that we did not win at the Court of Appeal and that the strategy was deemed to be lawful and we are seeking leave to appeal.

“However, we are encouraged by the fact that the Court of Appeal expressly did not make findings about whether any future decisions pursuant to the strategy could be made by the council’s cabinet, noting that the lawfulness of such decisions would depend on what is in the council’s budget.

“Whilst the judgment still leaves questions unanswered, we urge the new council leader to recognise how vital Pontllanfraith Leisure Centre is to the local community and take steps to safeguard its future.”

The leader of Caerphilly County Borough Council Cllr Philippa Marsden said: “We welcome the judgement of the Court of Appeal and I feel that the decision validates the council’s approach to its sport and active recreation strategy.

“Whilst we welcome the decision, we also regret the amount of money it has cost the council to defend this case.

“Unfortunately, there seems to be a minority of local residents who seemed intent on dragging this issue through the courts without any regard to the impact on the public purse both from a council and a legal aid perspective.

“One of the key aspects of this debate is the future of Pontlanfraith Leisure Centre.

“I want to stress that our position remains unchanged on this matter and there are currently no plans to close the facility.

“Instead we will review the future of this and other sites as part of our ambitious ‘place shaping’ plans for the county borough.”

In a full council meeting last night, Tuesday, March 3, Cllr Kevin Etheridge asked why councillors were not notified about the appeal and whether there would now be a guarantee that the leisure centre would not close.

Speaking in the meeting Cllr Marsden said there were “no immediate” plans to close the leisure centre.

She said: “Instead, this and other facilities will be reviewed as part of our emerging place shaping plan, which will be developed with the input of all elected members over the coming months.

“Referring back to your question, we wouldn’t normally inform members about forthcoming legal proceedings as this is dealt with by officers using delegated powers.”

A spokesman for Caerphilly County Borough Council said a final cost of the legal proceedings is still being calculated.

LDRS

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