TAX payers could be forced to foot a bill of nearly £100,000 if a Winchester councillor pursues legal action over the £150 million Silver Hill scheme.

Cllr Kim Gottlieb is seeking a judicial review into the council’s handling of Henderson’s plan to alter the development.

He said: “To stop the destruction of this historic city, it would be worth every penny,”

Cllr Gottlieb has written to the council stating his intentions claiming it has not got a good enough deal with Henderson.

If the action reaches court it could cost more than £80,000 in legal fees – not including time spent by council workers, said a report to the Cabinet. If it loses its case, the council would also have to pay Cllr Gottlieb’s fees.

Cllr Ian Tait raised concerns about the potential spiralling costs.

He said: “Even if it doesn’t get to court, do we incur those costs? I know in the grand scheme of things it’s not a lot of money, but it is very real money.”

He asked whether Henderson could be asked to contribute, but head of legal and democratic services Howard Bone said that was unlikely.

“It is something that the council would have to fund as it would with any other procedures that are lodged against it,” he said.

“As it looks at the moment we have to foot those bills unless we succeed.”

Mr Gottlieb, a property developer himself who runs the Winchester Deserves Better campaign, has defended the move.

“There is something almost comical about the way they [the council] will quote how much it might cost them in court but if you want to know any of the actual financial details of Silver Hill they are being treated as top secret.”

Henderson already has planning permission and a compulsory purchase order for a mixed scheme, including 287 homes, of which 100 would be affordable, shops, offices, a new bus station and youth facilities.

Now they want to radically change it to build only 177 homes, with no social housing, no bus station or youth facilities and instead increase shop space from 10,284 square metres to 14,029 square metres, including a small department store.

A planning application for the changes has been submitted but has stirred strong opposition from an alliance of councillors and conservationists.