York Guides

Members of Save Our Barbican (SOB) group are travelling to the High Court in London tomorrow in an attempt to secure a judicial review of plans for York's flagship leisure venue.

They were awarded legal aid to bring the court action but the rules governing financial support for litigation have since changed and now they need to make a larger contribution than expected to meet half their costs, which could total up to £20,000. The group has raised £6,000 so far but needs at least £3,000 in the next 24 hours to be sure of continuing with the legal action.

Proposals for the Barbican site and Kent Street car park include a new auditorium and conference centre, swimming pool, hotel, restaurant, 240 flats and car parking.

SOB, which presented York Council with a 6,000-signature petition against the scheme, applied for a judicial review on the basis the council's decision to grant planning permission was flawed, as no environmental impact study was carried out.

City conservation groups, including York Civic Trust, have criticised the buildings which are proposed to replace the 14-year-old centre for their style and size in a location overlooking York's city walls.

SOB claims the council is taking a short-term view and selling off the centre for a knock-down price. Opponents argue that the new development will have significant environmental impacts, such as increased traffic congestion and pollution.

Householders living near the site are worried about piling work during the construction process, which they fear could damage their homes.

Ernie Dickinson of SOB said the group had applied to adjourn tomorrow's hearing but the council had objected as the next likely court date was October.

"I can understand, as they want to know what's going on as soon as possible, just like we do," he said.
The High Court judge can quash the planning consent for the development if they find that the decision-making process was flawed.

The council intends to use the £10m capital receipts from the Barbican to pay for the overhaul of the city's other two swimming pools. It has claimed SOB's campaign is putting these improvements at risk and forcing the council to spend money fighting the legal action.

The council has said it will fight any judicial review "robustly" and says its own case was strengthened by the fact that Deputy Prime Minister John Prescott chose not to intervene in the scheme.

Mr Dickinson said SOB had not yet given up hope and its solicitors, Irwin Mitchell, were considering a legal challenge to the change in the legal aid rules, which effectively puts legal action beyond the grasp of many community groups, regardless of the merits of their case.

"If we do have to withdraw people will get their money back," said Mr Dickinson of the donations made to the SOB fighting fund.

"If we win the case and are awarded our costs, people will get their money back."

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