A LAWYER has explained the basis of a legal challenge to York's Barbican Centre redevelopment - and revealed what may happen next.

Andrew Lockley, of solicitors Irwin Mitchell, is acting on behalf of Save Our Barbican (SOB) in its High Court application for a judicial review of City of York Council's decision to grant planning permission for the project.

He said the application related to a decision by the authority not to conduct an environmental impact assessment (EIA) before agreeing to the scheme, which includes apartments, a hotel and conference facilities.

He said this might appear a technical matter, but it was one of great importance to the lives of local people, and SOB's case would be that the absence of an EIA was "very unsatisfactory."

He said that had there been an EIA, a number of environmental issues might have become public prior to consideration of the planning application, such as the reported need to carry out piling work.

He expected a judge to reach a decision on the application next month, with three possible options available. He said:

The judge could throw out the application, in which case the objectors would have an opportunity to put their case afresh at an oral hearing

The judge could accept they have an arguable case, and grant permission for judicial review

The judge could decide there should be a hearing to determine whether or not to allow a judicial review.

Meanwhile, the council has issued a statement saying it is confident it has "behaved properly" throughout the Barbican planning process, and will put forward a robust case in any judicial review.

"The Secretary of State had the opportunity to examine our handling of the issue in detail but decided there was no case to do so. We feel that this clean bill of health from the government gives us a strong case," said a spokesman.

He said the authority was "surprised and disappointed" at SOB's actions, which he said were causing delay to a new pool and auditorium and jeopardising the future of the council's refurbishment plans for Edmund Wilson and the Yearsley baths.

"We will reply to the detail of the SOB case through the legal process," he said.

Updated: 08:43 Thursday, December 23, 2004