A HIGH Court judge has ruled that a bid by pressure group KALM to prevent the closure of Abergavenny's livestock market was 'in reality an attack upon the planning merits of the decision of the council in granting planning permission to an interested party'.

KALM had challenged MCC's decision to grant planning permission for a supermarket on the site claiming that the decsion was made contrary to sections of the Town and Country Planning Regulations, the Conservation of Habitats and Species Regulations, the UDP and statutory obligations which bind the council.

Speaking at the High Court in London this morning (Thursday) Mrs Justice Nicola Davies criticised KALM saying that its challenge was a "thinly disguised attack upon the granting of planning permission' and that specific grounds of challenge now relied upon by the pressure group had not been raised in earlier objections.

"Grounds one and two for appeal were not points taken by KALM in either of their objections, no suggestion as made that an Environmental Impact Assessment was needed. Ground three, the need for an appropriate assessment was not raised in KALM's objections. Ground four focuses on Policy DES(1) of the UPD which KALM did not quote from nor expressely refer to in the objections. Ground five is devoid of merit," said Mrs Justice Davies.

"The grant of planning permission followed detailed consultation with statutory consultees and others, which included KALM. A detailed officer report was prepared for the planning committee. KALM took no point upon the need for an EIA nor an appropriate assessment within the meaning of the Habitats Regulations at the time of their written and oral objections," said the judgement.

In conclusion she ruled that there were 'no grounds upon which the court could find that the decision of Monmouthshire County Council granting planning permission to Optimisation Developments Ltd on 7 November 2011 was unlawful'.

KALM had also launched a legal challenge to WAG's decision to repeal part of the Abergavenny Improvement - with the two challenges heard in early August at Cardiff Crown Court.

Announcing her decision at the High Court in London Justice Mrs Justice Nicola Davies upheld the decision saying that Abergavenny has no 'stood still since the 19th Century'.

"The decision to repeal the 1854 Abergavenny Improvement Acts was takem by Welsh ministers, who were well aware of the consequences of the repeal and took them into account. The legal consequence of the repeal is that the council is freed from its obligation to hold a market at a specific location.

"The decision making process was not irrational, no mistakes of law were made, there was no failure to have regard to considerations which as a matter of law have taken into account of a subsequent act.

"The 1854 Act requires the livestock market to be held in the boundaries of 19th Century Abergavenny. A decision made in the 19th Century has demonstrably become obsolete.

"A decision made in the 21st Century that there is a more appropriate place for the market clearly renders out of date the earlier requirement for a particular location.

"The Welsh ministers are entitled to take the view that it is unneccessary to have prescriptive contol of the livestock market in Abergavenny when the remainder of Wales can survive without this restriction.

"The provision of the act was enacted nearly 160 years ago. Abergavenny has not stood still since the 19th Century.

"The findings by the Welsh Ministers that the relevant provision of the Act is 'obsolete ' is neither irrational or unreasonable.

"it properly reflects the fact that with the passage of time the needs of individuals, organisations and communities have changed.

"Abergavenny is the only place in Wales where such a prescriptive regime exists. It is a regime that clearly restricts the local authority in the making of wider planning and evelopment decisions.

"A finding by Welsh Minisites that a provisions which results in unique restrictive control upon one local authority in Wales is no longer necessary."

Monmouthshire County Council has welcomed the news that the judicial reviews into the repeal of the Abergavenny Acts and MCCs decision to grant planning permission for the new supermarket in Abergavenny have been rejected.

Opponents of the Council's plans to move the cattle market and to bring a branch of Morrisons into the town had appealed to the courts in an attempt to stop the developments. In her judgements Justice Nicola Davies DBE upheld the council's decisions rejecting in their entirety the arguments put forward by lawyers acting for a local lobby group - KALM.

Steve Greenslade, Director of Transition, who leads the officer team at the Council dealing with the project said: "There has been a long drawn out series of legal challenges, of which these two judicial reviews are the latest actions. It has delayed the project for a number of years and at great public cost. We estimate that over £100,000 has been spent by the council to defend these and other challenges, none of which have been upheld. On top of that you can add probably tens of thousands of £s granted to KALM in legal aid to take the cases to court. Hopefully now with work having begun on the new market site at Bryngwyn and with such a decisive judgement against them, this will be an end to the legal challenges which lawyers are doing well out of, but continue to cost local council tax payers dearly. This project should now be completed without further delay."

Councillor Bob Greenland, Monmouthshire County Council's Deputy Leader and Cabinet Member for Modernisation and enterprise, said,"Most people accept that with the closure of other markets the trade going through Abergavenny livestock market has grown to such an extent that it cannot be contained on the restricted town site.

"Selling the site to Morrisons gives local people the chance to shop here rather than travel miles to other centres. It also helps the council defend against the threat of a superstore on the outskirts of the town and the proceeds from the sale will pay for the new market as well as give a much needed boost to our plans to re-build our secondary schools.

"This scheme also brings with it in excess of 200 jobs for local people which are much needed. I want to take this opportunity to thank MCC officers for the tremendous work they have done on this project, often being unreasonably criticised by some members of the public. The judgement has supported the professional way that the planners dealt with the Morrisons' application and the proper consideration of the planning committee."

He added, "Consistently the elected members of MCC have considered the project in detail and have overwhelmingly voted in favour of it. Surely now is the time for democracy to prevail. I would appeal to KALM not to consider wasting yet more public money and time attempting to appeal the court decision but to work with us to maximise the benefit that the extra shoppers on the doorstep can bring to the town. Opponents put a huge amount of time and effort into a campaign which they clearly believed in. If they are now willing to channel that energy into working with us on the ongoing town centre regeneration, then together we can make a difference to the town."

See next week's Chronicle for the full reaction.