THE Fitzwilliam Malton Estate is seeking a judicial review of Ryedale District Council’s decision to grant planning permission for a supermarket on Wentworth Street car park in Malton.

Last month, the Department for Communities and Local Government wrote to the authority confirming that it would not be calling in the application, so the council’s decision to approve it, made in April, still stood.

Following legal advice, the Estate has decided to seek a review through the Planning Court, which deals with statutory challenges, including appeals and applications relating to planning permissions. Roddy Bushell, Estate manager, said: “A judicial review is the only way Malton Estate can show that the councillors’ decision was taken on what I believe to be inadequate and wrong advice and it is therefore an unlawful decision which should not stand. This matter is of great concern to Malton as the flawed planning consent for a speculative development is creating uncertainty, which in turn is preventing real investment in the town.

“The Estate and Booths are prepared to invest around £15m in the town centre livestock market site. However, this will not proceed while there is this uncertainty hanging over the future of a possible new superstore nearby.” Mr Bushell said that a quick resolution was available.

“Ryedale District Council should take independent legal advice that will tell them this is a mirror image of what happened after the last time they tried to give consent on this site, when on appeal, they accepted their decision was flawed and they had to pay the Estate’s legal fees,” he said.

“The same result is likely again, and yet the district council could accept it, without a court judge having to tell them, so the town can move on.”

Mr Bushall said: “Indeed, it is irresponsible if Ryedale District Council do not accept their decision is flawed. They are the stewards of the local economy and it goes against every test of public opinion for them to continue to prevent investment in the town in favour of a speculative development, of their own site, that looks as though it will never happen now that Tesco plc has run out of funds to develop new stores.

He added: “If the Planning Court agrees that there is good cause to review the decision, then the process could be completed within six months. Malton will be relieved that a resolution can be expected to this long-running saga within a few months, come what may.”

Anthony Winship, the council’s solicitor, said: “The district council has not received all the court papers relating to the attempt by the Fitzwilliam Malton Estate to quash the retail planning permission and thus prevent the redevelopment of Wentworth Street car park Malton with a supermarket and fuel station.

“The council will seek independent specialist legal advice once it has received all the court papers.”Councillor Paul Andrews said: “I welcome the legal action taken by the Fitzwilliam Estate. I am astonished that this matter has got so far. We already have the decision of an independent, impartial government inspector who decided that Wentworth Street car park was not the right site for another supermarket, and awarded costs against the council which were agreed at £148,000. These were the Estate’s costs, and do not include the costs the council spent on the case.

“In view of this decision, it is difficult to see how the council can possibly win the action brought against them in the High Court.

“It is particularly regrettable that the continuation of this dispute could delay or prejudice the Estate’s planned investment of £15m in the town centre. The council knows this development is designed to provide an anchor for local business, and their decisions show just how little they care for Malton, its businesses or its town centre.

“It is a great pity the Secretary of State did not support the decision of his own inspector and call the matter in, and it is of even greater concern that he has refused to give a reasoned explanation for his failure to do so.”

Paul Andrews, Ryedale district councillor for the Malton ward, said “I welcome this legal action. I am astonished that the matter has got so far. We already have the decision of an independent, impartial government inspector who said Wentworth Street car park was not the right site for another supermarket.

“It is particularly regrettable that the continuation of this dispute could delay or prejudice the Estate’s planned investment of £15m in the town. The council knows the development is designed to provide an anchor for business, and its decisions show how little it cares for Malton.”