A LEGAL battle which could stop the £70 million Tollgate Village from being built looks set to rumble on.

Colchester town centre giant Fenwick joined forces with the owners of Lion Walk shopping centre to to launch a High Court challenge in September.

But last week Mrs Justice Lang DBE dismissed their application for a judicial review into the decision by Local Government Secretary Sajid Javid to approve the vast leisure and retail park in August.

She backed the reasons for the decision to give Tollgate Village the green light as “adequate and intelligible”, adding: “The claimants have no prospect of success.”

But now the Gazette can reveal the two firms have asked permission for a hearing in person in front a specialist High Court planning judge.

The hearing is set to take place next month at the Royal Courts of Justice.

Daniel Watts and Jayne Gee, directors of Tollgate Partnership Limited, the company behind the Stanway plans, said: “This comes as no surprise for TPL to hear that Fenwick still refuse to accept the inspector’s decision, the Secretary of State’s decision and now a High Court Judge’s decision that Tollgate Village should get the go ahead.

"Obviously, we are disappointed the challenge has been renewed and Fenwick are denying the people of Colchester investment, jobs, new shopping and leisure facilities, as well as significant road infrastructure improvements.”

The appeal, which is not backed by Colchester Council, was launched on a number of legal matters on which the appeal inspector and the Secretary of State reached their decision.

Since the application was dismissed, senior councillors have voiced concerns over continued efforts to delay the scheme, with deputy leader Tim Young calling on the two firms to “accept it is going ahead and try to work with them”.

However, Carl Milton, Fenwick managing director, said Justice Lang’s comments did not change the firm’s plans.

Fenwick bosses were asked to comment on the move yesterday but no-one was available to discuss the matter before the Gazette went to press last night.