Reply from District Auditor

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Ccider

New member
Jul 28, 2004
1,137
50:51:35N 0:08:58W
Audit Commission,
Ground Floor Front,
16 South Park,
Sevenoaks,
Kent, TN13 1AN

T 01732 591350 F 01732 591399
www.audit-commission.gov.uk

December 2005

Dear Sir/Madam

Lewes DC - Action re Falmer Stadium

Thank you for your recent email drawing my attention to your concerns over Lewes District Council’s Cabinet decision on 24 November to challenge the Secretary of State’s decision to grant planning permission in respect of the Falmer Stadium. I have received a large number of similar emails and letters from local residents.

Generally, residents have expressed the following concerns:

• the potential cost to the local taxpayer
• the way in which this decision was taken
• the actual decision itself.

Before considering these matters, it is worth noting that local authorities are responsible for ensuring that they act lawfully and consider relevant facts before making decisions. My responsibilities and powers as the Council’s appointed auditor are set out in the Audit Commission Act 1998 and Local Government Act 1999. In discharging my responsibilities I am required to carry out my work in accordance with the Audit Commission’s Code of Audit Practice. This sets out my objectives, to review and report on:

• the Council’s financial statements and its statement on internal control
• whether the Council has made proper arrangements for
securing economy, efficiency and effectiveness in the use of its resources.

External auditors cannot however challenge policy decisions that have been properly and lawfully taken by elected councillors.
I have considered the above concerns raised by residents and reviewed background papers made available to me by the Council. I have considered the legal powers available to the Council to challenge the Secretary of State’s decision and the reasonableness of the decision.

From the information I have obtained, I am satisfied that the Cabinet took this decision in full knowledge of the relevant facts.

The Council has the power to appeal against the Secretary of State’s decision; it believes there are valid grounds for an appeal, it has taken specialist legal advice; it has considered the financial risks and assessed the potential outcomes and chances of success, in considering whether it should challenge the Secretary of State.

Although it is apparent that this decision does not have universal support, that in itself does not provide me with reason to challenge the Council. Based on my enquiries, I am satisfied that; at present, there are no matters that I should consider further in relation to the Council’s decision.

Due to the high degree of local interest, I will continue to monitor developments as they progress.

Yours faithfully
Darren Wells
District Auditor


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