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Legal challenge threat to flagship leisure centre

Written by yorkguides.co.uk   
Paul Jeeves
and Julie Hemmings
CAMPAIGNERS may mount a legal challenge against controversial plans to redevelop York's flagship leisure venue.


(Yorkshire Post)

York Council has granted a late licence to Absolute Leisure Ltd, prospective operators of the redeveloped Barbican centre, despite objections from residents who claim that serving alcohol until 2am will lead to crime and drink-fuelled anti-social behaviour
The Save Our Barbican (SOB) group, which has fought the plans to redevelop the centre, has until early August to appeal in the magistrates court against the granting of the late licence by the council.
The council's licensing sub-committee met on Monday and Tuesday last week to consider the application but deferred its decision and wrote at the end of the week to inform interested parties of the outcome.
SOB chairman Ernie Dickinson said: "We are grateful that we were able to put our views over to the committee, and they considered everything in detail.
"We had been concerned that we were not going to be given a fair hearing, but that was not the case."
Mr Dickinson said the group was "very, very disappointed" but not surprised that the licence had been granted: "We have a right of appeal to the magistrates court – the question is whether we can afford it," he said.
SOB recruited barrister Jeremy Phillips, a leading expert on licensing law, to argue its case before the three members of the council's licensing sub-committee.
The managing director of Absolute Leisure Ltd, Tony Knox, had warned his company would pull out of the deal unless the late licence was granted.
Absolute Leisure will operate the Barbican on a leasehold basis from York Council, and also has applied for permission to stage a wide range of events there, including plays, films and indoor sporting events such as boxing and wrestling as well as live music.
York Council had faced opposition over its decision last September to grant planning permission for the development of the Barbican, which would see a new conference centre, swimming pool, hotel, restaurant and 240 flats built on the site and the nearby Kent Street car park.
The buildings which are proposed to replace the 14-year-old centre have been criticised by city conservation groups including York Civic Trust, for their style and size, in a location overlooking York's historic city walls.
SOB applied for a judicial review of the planning permission on the basis that the council's decision to grant consent was flawed, as no environmental impact study was carried out. It claims the new development will have significant environmental impacts, such as increased traffic congestion and pollution. Householders living near the site are worried about damage to their homes from the pilings needed during construction.
However, the High Court in London last month rejected the application.
The city will use the £10m capital receipts from the Barbican to pay for the overhaul of York's other two swimming pools and claims SOB's campaign puts these improvements at risk.

 
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