LOCAL campaigners have lost their High Court challenge to save Abergavenny's historic livestock market - but have vowed to fight on.

Members of the Keep Abergavenny Livestock Market pressure group are campaigning to keep the 150-year-old market in the centre of town.

But last Thursday a High Court judge rejected KALM's claims that a decision by Welsh ministers to repeal part of the Victorian Abergavenny Improvement Acts was not in the best interests of the town and that Monmouthshire County Council had acted unlawfully in granting planning permission for a supermarket on the 1.9 hectare site.

A judicial review that lasted four days was originally held in October and at the High Court in London last week Mrs Justice Nicola Davies announced her decisions and rejected all of KALM's complaints adding: "It is difficult to avoid the conclusion that this challenge is in reality an attack upon the planning merits of the decision of the council in granting planning permission.

"Misplaced forensic criticism has been levelled at decisions made when no issue was taken at the time objections were made."

Monmouthshire County Council's Steve Greenslade, the lead officer for the livestock market 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 authority to defend these and other challenges, none of which have been upheld.

"On top of that you can add probably tens of thousands of pounds 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."

Jenny Long and Barry Greenwood speaking for KALM said that the campaigners were 'naturally disappointed' at the judicial review outcome in the High Court.

They said that KALM's legal team had assessed the court's decision and have lodged an appeal.

The pair added: "This campaign is not - and has never been - about the administrative details of a planning decision. It is about the future of Abergavenny, the last real market town in South Wales, and the right of a town to be fully involved in such far-reaching and important decisions.

"The council decided to close the market and sell the site to a supermarket, in private, behind closed doors."

Philip Bowyer, Chairman of the Abergavenny Civic Society said: "The society has done the work the council should have done years ago by commissioning a report from market experts, which proves it is possible to keep the market in town, protecting the town's heritage and providing a state-of-the-art livestock market."

Kim Waters, the outgoing chief executive of Abergavenny Food Festival said: "The town has an international reputation for excellence and innovation in food. We should be building on our food and farming heritage and using this to drive economic regeneration for the whole town."

Ms Long and Mr Greenwood said they wanted to see a more vibrant and viable future, which builds on the town's distinctive identity and rich heritage and which keeps the market, food and farming at its heart. 

Councillor Bob Greenland, the county council's deputy leader and cabinet member for modernisation and enterprise, said: "Since the closure of other livestock markets the trade going through Abergavenny 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.

"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."

Councillor Greenland pointed out that KALM members have looked throughout the UK to find a modern market with a similar output to Abergavenny and based on a similar sized site.

"They have not come forth with any. The site is too small," he said.

"Morrisons will bring between 10,000 to 20,000 customers to the store each week. And if the town is attractive and vibrant it is clear that some of these will shop in the town.

"I would suggest in any event this will be more than the 100 or so farmers who use the market who are not known for their free spending."

Speaking directly to KALM, Councillor Greenslade said: "It is very disappointing that you should seek another round of legal challenge when the recent judgement indicated such an emphatic rejection of your legal argument.

"If you succeed in being granted leave to appeal there will be yet further waste of public funds on top of the estimated £100k so far spent and all you will succeed in doing is to cause yet more delay.

"There can be no doubt that you and your colleagues believe sincerely that you are right in your views and have the best interests of the town at heart. You have put in a huge amount of time and energy pursuing your aims. Consistently though, democratically elected councillors have disagreed with you."

Councillor Greenland invited the pressure group to work with the authority to maximise the benefit that the extra shoppers on the doorstep can bring to the town.

He added: "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."