THE controversial redevelopment of York's Barbican Centre could be "blown out of the water", protesters claimed after revealing they intended to launch a fresh High Court challenge.

The Save Our Barbican (SOB) campaign revealed it had now obtained full legal aid and planned to try again to block planning permission for the scheme, which includes 240 apartments, a 135-bed hotel and bars and restaurants.

The move comes as City of York Council is within days of completing the sale of part of the site to the developers Barbican Venture (York) Ltd for £7.1 million.

The sum - more than £2 million less than the council originally hoped to achieve - is insufficient to pay for a promised replacement Barbican swimming pool, but should fund a new pool for west York on the Oaklands School site, and partially fund a new pool at York University for swimmers in eastern York.

Council leader Steve Galloway said today he was unconcerned by SOB's intention to go back to the High Court, branding it "just a gimmick".

He was adamant it would have no effect on the plans to sell the site or invest in new swimming facilities. "We regard things as having moved on," he said. "Our view is that this matter was considered this summer and a decision was taken."

But SOB spokesman Ernie Dickinson claimed that if it succeeded in court, the developers would have to go back to square one and lodge a fresh application, and SOB would also press the judge to order a public inquiry.

He claimed SOB it was only pursuing its lawful right to question a planning decision which would blight the lives of people living near the proposed apartment blocks and bars.

"The local residents are determined to oppose this to the end," he said, adding that the action could "blow the redevelopment scheme out of the water" and that Coun Galloway's reaction "beggared belief".

SOB's action comes almost a year after a High Court judge refused their bid for a judicial review of the council's decision to grant planning permission without conducting an environmental impact assessment.

Mr Dickinson said it now intended appealing out-of-time against that judgment, claiming that insufficient legal aid meant it did not have a barrister to present its case in court on that occasion, and was therefore denied access to justice.

He said the High Court had decided earlier this year that the Legal Services Commission should have granted it greater legal aid then, and SOB had now been told it would be given sufficient aid to be represented this time round.

Barbican Venture, and Absolute Leisure, who are behind the plans for bars and restaurants, declined to comment.

Updated: 08:49 Friday, May 26, 2006