A LANDOWNER says the Government's go-ahead for a flyover on the A64 at Bilbrough Top signals the death-knell for his wife's horse-breeding business.

District councillor Brian Percival says the chosen design will involve the compulsory purchase of 60 per cent of his wife Rosamund's land, making it impossible for her to continue breeding show-winning pure bred Arab horses.

Now he is planning to go to the European Court of Human Rights in Strasbourg to argue that the decision is a breach of their human rights.

The Government decision to press ahead with a flyover, leading to the closure of a dangerous gap in the central reservation, was announced on Tuesday, and is in line with the recommendations of an inspector following a public inquiry last year.

Mr Percival argued at the inquiry for an access road to the flyover to be realigned, taking it further away from his property, Springfield House, and allowing the horse-breeding to continue.

The Highways Agency said there was little difference between its original scheme and an alternative design supported by the Percivals, which would have had less impact on the couple.

But the inspector said in his report that the alternative would cost about £100,000 more, and he did not consider this sum insignificant. "It appears to me that the main benefit that it would provide would be to enable Mrs Percival to keep an extra three horses. Bearing in mind that this benefit would continue for only so long as the Percivals wished, and were able to pursue their horse-related activities, it appears to me that the value of the benefit is uncertain, but in any event not great." He said the alternative scheme would also require more design work.

Mr Percival claimed the inspector's report was "irrational and crazy," and

said papers were being prepared for an appeal to Strasbourg.

"The proposed new junction will deliver major safety benefits to a large number of road users - a fact acknowledged by the Evening Press itself in their Close The Gaps campaign."

Updated: 11:58 Thursday, June 27, 2002