Cornwall Council has been instructed to repay over £2.1m that was awarded in funding to support the development of a bridge.

The sum of more than £2.1m had been handed to the council under the European Regional Development Funding (ERDF) framework, with the council having awarded the contract to Costain Jacobs Partnership (CJP) to construct a bridge over the A30 at Chiverton Cross.

In the High Court’s judgement of the Secretary of State’s decision, which had been subject to judicial review by the Hon. Mrs Justice Steyn, it is confirmed that the council ‘made a direct award of the contract to CJP, without advertising the contract, which the Secretary of State determined did not comply with relevant procurement rules’.

The council also paid over £10k to MWJV Limited for the competitive award of a project management services contract, which is also required to be clawed back as part of the decision.

‘The invitation to tender for that procurement included a requirement for Cornish sub-consultants which the Secretary of State determined was discriminatory and in breach of the principle of equal treatment’, the judgement reads.

The council said it is ‘extremely disappointed’ with the High Court’s decision, arguing that the Ministry of Housing Communities and Local Government (MHCLG) team had supported the local authority’s procurement strategy at the time.

A spokesperson said: ‘As with any ERDF funded project, this scheme was rigorously scrutinised and audited - indeed, the findings of an audit by MHCLG in September 2023 found no issues with our procurement approach.

‘We believe the funding was spent appropriately, following the required processes to deliver the project within the timescales set out by MHCLG as fund administrators.’

They also revealed that the council is considering its options for appeal.