THE High Court is expected to decide next month on a legal challenge to the proposed redevelopment of York's Barbican Centre.

The Save Our Barbican (SOB) campaign is seeking a judicial review of City of York Council's decision to grant planning permission for the site to be developed with a hotel, apartments and conference facilities.

Campaigners claim the scheme, particularly the apartments, will have a huge impact on the nearby City Walls and houses in Barbican Road, and should not have been approved without an environmental impact assessment being conducted.

Coun Keith Orrell, executive member for leisure, has told councillors that the challenge, and the council's grounds for resisting the claim, were being considered by the High Court, with a decision expected around February 7.

"If the court rejects the claim, the applicant has seven days to renew the application at an oral hearing in front of a judge," he said.

"If the application is granted - either on the application or on renewal before a judge - the length of time from this date to a substantive hearing in front of a judge is currently 35 days. The hearing has to take place and the judge to issue his decision."

He said the challenge had been made at the very end of the permitted time for such applications, thus maximising potential delays for the development and the modernisation of York's leisure facilities.

"It is frustrating that such an exciting project that will bring modern leisure facilities for residents is being delayed.

"The sooner we can get on with the development the sooner the pool and other facilities will be ready and the sooner the Barbican will be refurbished."

SOB spokesman Ernie Dickinson claimed that it was a "bit rich" if SOB was being blamed for the delays in bringing the court action.

He claimed the delays had been caused by the Legal Services Commission which decided Legal Aid applications, following objections by lawyers acting on behalf of Barbican Venture Ltd, which, he believed, were "tactical." He said Legal Aid had eventually been granted, allowing the application to be made.

He added that had there been an environmental impact assessment, it would have been known when the application came to committee that there was to be piling on the Barbican site.

"How would Coun Orrell like extensive piling 22 feet from his front door?" he asked.

A Barbican Venture spokesman confirmed its lawyers had queried SOB's Legal Aid application, but said they had had "every right" to do so as it involved the spending of public money.

Updated: 10:32 Saturday, January 29, 2005