RYEDALE District Council (RDC) is to offer £80,000 towards legal costs after losing a judicial review over plans for a supermarket on Wentworth Street car park in Malton.

The Fitzwilliam Malton Estate (FME) has submitted a claim of over £166,500 after winning the High Court hearing last month. Lawyers for the FME, which is proposing to build a Booth’s store on the town’s livestock market, argued five grounds on which planning consent granted by the council for another store on Wentworth Street car park should be deemed unlawful.

Mr Justice Dove found in favour of FME. on four of those grounds The court order blocking the planning permission also provides for all FME’s costs in the matter to be recovered from the district council.

The council’s solicitor Anthony Winship, told members of the planning committee last night (Tuesday) that FME has claimed £ 166,549.47  plus VAT.

It was, he added, the first time in 26 years that RDC had faced a judicial review in the High Court, but such action was regularly being taken against other local authorities, citing one, the Forest of Dean, which had had three decisions made against it.

Mr Winship told councillors: "There was no intention to mislead members in the reports which were provided in good faith."

He said RDC was proposing to offer Fitzwilliam Estate £80,000 to settle its costs, subject to approval of the full council next month, and added that legal costs for the council itself had amounted to £31,000.

Mr Winship said it was "very disappointing" that costs had been awarded against RDC.

It was now up to the Estate to decide whether to accept the council's proposed £80,000 offer.

The committee agreed to receive the report on the judicial review proceedings and to recommend to the council that the costs should be met from its contingency and emergency fund.