CAMPAIGNERS have won the first stage in their legal battle to block the controversial redevelopment of York's Barbican Centre.
A High Court judge has granted Save Our Barbican (SOB) leave to apply for a judicial review of City of York Council's decision last year to grant planning permission.
Spokesman Ernie Dickinson said he was "delighted", claiming SOB had surmounted a major obstacle and he was confident a full review would now take place.
Coun Keith Orrell, the council's executive member for leisure, said it was "very disappointing" that plans to give residents modern leisure facilities were being frustrated.
The council wants to use money raised through the sell-off and redevelopment of the Barbican to fund the building of a replacement swimming pool and refurbishment of York's other two municipal pools, Edmund Wilson and Yearsley. Coun Orrell warned: "Should there be delay to the development because of the legal process, with building costs increasing at about £15,000 per week, there would clearly be serious implications for the much-needed improvement to the city's leisure facilities."
The challenge was mounted amid deep concern about the large apartment block being proposed on part of the Barbican site, which would overlook homes in Barbican Road and the City Walls.
It is understood that SOB's legal challenge primarily concerns the council's decision to consider and approve the scheme without a full environmental impact assessment being conducted.
Mr Dickinson claimed that lawyers for the council and the prospective developers, Barbican Venture Ltd, had done everything possible to prevent the matter getting to this stage.
He also claimed that the judge had rejected their submissions and acted in a very supportive and encouraging way to SOB.
"This is the first time an independent expert has looked at the evidence and we look forward to the full judicial review taking place. Hopefully, some of the wilder and most insulting statements of the past few months by councillors will have to be substantiated."
Andrew Cossins, managing director of Barbican Venture Ltd, said: "While we are obviously disappointed by a further delay, we remain 100 per cent committed to the project. We are a local company, we have already invested a lot of money in the scheme and we are not about to walk away now."
Updated: 10:08 Thursday, February 24, 2005
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