TOWN hall bosses planning to transform Palmyra Square into a bustling arts haven are to clash with campaigners in the High Court, the can exclusively reveal.

Last week, the council was warned to prepare a legal defence of its multi million pound scheme to revamp Queen's Gardens as a 'cultural quarter' linked to the Pyramid Arts centre.

The Honourable Justice Richards granted permission for the legal challenge after considering evidence from SOS Palmyra, a consortium of businesses opposed to the scheme.

The case of the Queen v Warrington Borough Council will now be heard by a deputy High Court Judge with planning experience.

SOS Palmyra claims the council failed to properly consult with the public before it came to a decision. The challenge will require public money to be spent on costly legal fees and if it lost the case, the council could be forced to start the procedure again from scratch - costing council taxpayers thousands more.

The news comes just days after the collapse of Horrocks, the building firm responsible for the Pyramid Arts Centre, which has left the flagship building an empty shell.

Now, the court challenge threatens to put the council's ambitious vision of Warrington as a regional centre for arts and culture into further jeopardy.

Chris Thomson, of SOS Palmyra, claimed the council had rushed the scheme through the planning process and had not carried out a full consultation as it was legally required to.

He said: "The grounds for Judicial Review are based on the failure of the council to comply with the legal requirements of several sections of the Planning

Act 1990, particularly those relating to the setting of listed buildings, of which there are 30 overlooking the gardens.

"Whilst we regret having to put the matter to the High Court, we have also kept the council fully informed. We have suggested they review their position to address our reservations and the shortcomings in the planning process and, in particular, obviate the need for precious funds to be diverted into the costs of legal action and away from benefiting the community."

But council leader John Gartside said he was confident the council would win the case.

"I'm fairly relaxed about it. There was a massive consultation with thousands of letters sent out and we will be able to demonstrate that. If the judge finds that we have acted reasonably, the costs will be likely to fall on SOS Palmyra. I believe they are in a minority and that their agenda has more to do with car parking than anything else."

Clr Gartside dismissed suggestions that the arts quarter scheme was becoming an expensive white elephant like the Millennium Dome.

"This is absolutely not our Millennium Dome," he said. "Unlike the Dome, it has a purpose, and that is bringing groups together to develop the arts and to broaden the age range of those who use the town centre. The Dome's people don't seem to know what it's for - I certainly don't."

Clr Mike Hannon, chairman of community services, said five new high quality planning applications - including residential apartments at the former Post Office site - showed that the scheme was already attracting people to the Square.

He added: "It is unfortunate that the case will cost the local authority, not just financially, but also in human resources. But we can't deny Mr Thomson's legal right to pursue it."