Chat with us, powered by LiveChat
22 Jan 25
Caerphilly Council’s Decision to Close Pontllanfraith Leisure Centre Quashed by the High Court

Another victory for local residents in the battle to save Pontllanfraith Leisure centre as Caerphilly County Borough Council’s latest decision to close Pontllanfraith Leisure Centre has once again been quashed by the High Court on 17th January 2025.

Caerphilly County Borough Council first tried to close Pontllanfraith Leisure Centre in September 2017 but under mounting public pressure and the threat of legal action, they ‘deferred’ that decision.

In November 2019 the Council adopted a 10 year ‘Sports and Recreation Strategy’ which proposed the rationalisation of leisure centre facilities and ultimately the closure of Pontllanfraith Leisure Centre.

A judicial review challenge was brought by a local resident represented by Watkins & Gunn Solicitors.  Rather than await the determination of the court as to the legality of the Council’s decision to adopt the Sports and Recreation Strategy, the Council pushed ahead with their plans to close the centre and on 10 April 2019 made a decision that the leisure centre would close.

The High Court held that the Council had acted unlawfully. The decision to close the Pontllanfraith Leisure Centre was quashed by the Court because the Council had not discharged its obligation under Section 149 (1) of the Equality Act 2010.

The leisure centre then remained open until the Covid pandemic when it was required for use by Aneurin Bevan Health Board as a mass vaccination centre. Once it was no longer required for that purpose, the Council failed to re-open it.

Local residents campaigned for the leisure centre to re-open, but instead, on 20th March 2024, the Council’s Cabinet made a decision to close it for good.

In June 2024, a claim for judicial review of that decision was issued by a long-time regular user of Pontllanfraith Leisure Centre and campaigner against its closure.

The challenge was made on 6 grounds.

  1. The Leader of the Council, having said publicly that it would be ‘insanity’ to keep the leisure centre open, actually or apparently pre-determined the decision to close the leisure centre and should have recused himself from the Cabinet decision-making process;
  2. The withdrawal of the call-in of the decision by the Scrutiny Committee was in breach of the Defendant’s constitution and Local Government Act 2000;
  3. The Council failed to take into account the cost of demolishing the leisure centre;
  4. The Council failed to identify mitigation for children who would be negatively impacted by the closure of the 3G pitch adjoining the leisure centre, in breach of section 149 of the Equality Act 2010;
  5. The Council failed to promote welfare of children, contrary to section 28 of the Children Act 2004; and
  6. The Council failed to take all reasonable steps to meet its well-being objective of enabling the environment to be greener, contrary to section 3(2) of the Well-being of Future Generations (Wales) Act 2015.

On 7th November 2024, the Court granted permission for the case to proceed on all grounds.

Rather than proceed to a hearing of the case, Caerphilly conceded the claim on the basis that the withdrawal of the call-in of the decision by the Scrutiny Committee was in breach of the Defendant’s constitution and Local Government Act 2000.

The High Court quashed the closure decision on 17th January 2025.

Lucy O’Brien, Solicitor at Watkins & Gunn says:

“We are pleased that the Court has once again quashed Caerphilly Council’s decision to close Pontllanfraith Leisure Centre. Our client and local campaigners have worked tirelessly to save their leisure centre. They now call upon the Council to listen to the community and to re-open this much loved and well-used facility, and to preserve it for future generations, rather than continuing to waste money trying to unlawfully close it.

 

Article by Lucy O’Brien – Director – Watkins & Gunn

Contact us today 0300 1240 400

Will

Do you have a valid Will in force? If not, complete our questionnaire today by clicking here