CHRISTCHURCH council has officially started legal action to halt the planned merger with Bournemouth and Poole.

Its legal representatives have sent out a formal 'letter before action' to the government and to the eight Dorset councils which have consented to local government reorganisation in the county.

The letter, issued a few days ago, gives notice that Christchurch intends to seek a judicial review on the whole issue of the shake-up which was approved by Communities Secretary, Sajid Javid, several weeks ago.

The Echo understands the basis of the legal challenge is the government does not have the legislative authority to implement the plan to abolish all nine principal councils in Dorset and allow two unitaries to be created.

The claim that it is 'beyond powers' was first raised by Christchurch MP, Sir Christopher Chope last month.

The new councils are supposed to be in place by next May and two shadow authorities are on the verge of being set up.

Although the challenge will be made to the government, all the other councils are legally considered an ‘interested parties’ in the matter.

It is understood all of them, Dorset, Bournemouth, Poole, East Dorset, Purbeck, North Dorset, West Dorset and Weymouth and Portland are urgently seeking legal advice.

The arrival of the letter sparked a furious exchange between Bournemouth council leader, John Beesley and his Christchurch counterpart, David Flagg.

Cllr Beesley is believed to have told him to 'choose which side you are on.'

Christchurch' deputy leader, Cllr Trish Jamieson, told the Echo: "We are still fighting this because it's what the residents want. We will have to see what the Secretary of State comes back with. He may come back and quash the whole plan."

In a statement, Dorset County Council said: “We have each received a copy of the ‘letter before action’ from Christchurch Borough Council’s representative, as sent to the Ministry of Housing, Communities and Local Government. Receipt relates to each of our councils being legally interested parties, and we will be responding in that capacity in due course.

"It is our understanding that the legal and Parliamentary process being followed now was always intended as the route by which the Secretary of State would create two new councils. We fully support this process and the Secretary of State.”

Cllr Ray Bryan, a Dorset and East Dorset councillor and chairman of the Christchurch and East Dorset Conservative Association said he had not seen the letter and requested details of its contents.

"Obviously all the councils will take careful note of the legal implications of this."

He added: "A lot of people are looking at this very closely. It's no secret that most of the district councils don't have the same kind of financial problems the county council has."

The legal situation is now particularly awkward at Christchurch and East Dorset where the two councils have the same chief executive, David McIntosh, and senior management team.

Call for regulations to be withdrawn

Cllr David Flagg, leader of Christchurch Borough Council said: “We have written to the Secretary of State for the Ministry of Housing, Communities and Local Government telling him that we believe the legislation drafted to implement local government reorganisation in Dorset is beyond his powers. 

"We have asked him to withdraw the regulations immediately. 

“We await a response and depending on the outcome the council will consider its position. We remain committed members of the Joint Committee and continue to work with other councils to progress work towards the new councils.”