THE Court of Appeal has ruled that an independent review on the decision to grant planning permission for a supermarket on Wentworth Street car park, in Malton, should take place.

It follows an approach by the Fitzwilliam Malton Estate after a review through the planning court was turned down earlier this year.

The review will be heard in the High Court in Leeds and is expected to take place before the end of July.

An order from Lord Justice Sullivan accepted that all five separate grounds, cited by the Estate, “are properly arguable”.

The judgement goes on to say that, in particular, it is arguable that Ryedale District Council’s planning officer’s advice to the committee, in connection with the inspector’s reasoning for the granting of planning consent on appeal, is not a fair reflection of the inspector’s decision read as a whole.

“It is also arguable that the officer’s report does not engage with the inspector’s acceptance of the assessment that the livestock market redevelopment proposal should be treated as contributing to town centre turnover, having an overall positive impact,” the report stated.

Roddy Bushell, estate manager for Fitzwilliam Malton Estate, said: “This is the only opportunity for independent review of Ryedale’s ‘decision-making process’ and that it will now go ahead will be widely welcomed in Malton.

“It also provides Ryedale councillors with a good reason not to extend the time-limited sale contract with the car park’s developers, due to expire shortly.

“The scheme is almost certainly a non-starter anyway in the changed market conditions. So it would be to everyone’s advantage to bring this damaging and costly property deal to an end.”

Councillor Linda Cowling, leader of Ryedale District Council, said: “I find it bizarre that one judge could find the Fitzwilliam Malton Estate application for judicial review ‘totally without merit’ and the next one decides their application is ‘arguable’.

“I understand the judicial review is to be heard in June, so thankfully a relatively short time before this issue will be settled. Having said that, if things do not go as the Estate wish, they can appeal.

“Without doubt I believe that Malton and the area needs another supermarket to provide competition and choice for the residents of Ryedale and to stop people having to travel to York and Scarborough.

“The question I would like answered is, if the Estate succeeds in stopping a supermarket being built on Wentworth Street car park- where will it go? On an out of town site that will detract from the town centre?”