A LIBRARY-SAVING lawyer claims Darlington Borough Council could face a fresh – and costly - legal challenge if it approves plans to close the historic Crown Street Library.

Next week, the authority will make a new decision on the fate of the Grade II listed building as council members vote on a raft of contentious proposals in relation to the future of the town’s library services.

An original decision to close Crown Street Library was set aside last year after campaigners appointed leading lawyer Michael Imperato and left the authority facing the threat of a judicial review and the costly delay of their plans.

On Wednesday, Cllr Nick Wallis - DBC’s cabinet member for Leisure and Local Environment - defended the latest proposals, detailed in Tuesday’s Northern Echo, and insisted he was confident that the authority’s decision-making process would stand up to legal scrutiny if challenged.

He said: “We have spent the past four months fruitfully to work up proposals as to how the library will operate in the Dolphin Centre.

“In my opinion, we have a robust set of proposals and I cannot see how a legal challenge could follow.”

However, Mr Imperato believes further legal action is likely and predicts it could cost the cash-strapped council “tens and tens of thousands” in their costs alone.

He claims DBC’s consultation process may have been unlawful because the authority did not re-consult the public on their plan to close Crown Street Library after the original decision was withdrawn.

The initial consultation period sparked strong opposition and thousands of objections, with The Northern Echo’s petition to save the library backed by people across the world.

While a second consultation was held last autumn, it focused largely on how the library services would operate in the future, with DBC insisting that their plans to move the library facilities from Crown Street were not affected by the setting aside of their decision.

Mr Imperato, who has succeeded in fighting library closure plans in Shropshire and Wales, said the withdrawing of that decision should have “turned back the clock” and prompted the council to re-consult on the closure of the popular facility.

It is believed the council instead relied upon responses received throughout the first consultation, a move challenged by Mr Imperato.

He said: “The decision to close the library was withdrawn so it is like it never actually happened.

“There is no consultation on the move, a decision has already been made and they are just fine-tuning it.

“I would query whether the council can use the old consultation – because the old decision was withdrawn, the consultation should have been conducted afresh.

“They have skirted around the critical decision of whether to move from A to B – in the second consultation it was pre-determined.

“I am quite emboldened and think we would have a good case, from a legal point of view this decision making process needs investigating.”

A spokesman for DBC said: “A full and detailed report is being put forward to members, which includes full details of the library service proposals and the various strands of consultation that have taken place. No decisions have yet been made.”

The authority’s latest proposals have met with a mixed reaction from campaigners, library users and councillors.

  • Related reports and an interview with Cllr Nick Wallis will be in Friday’s Northern Echo.