THE dispute over the £165 million Silver Hill scheme in Winchester today moves to the High Court in London.

Cllr Kim Gottlieb is applying for a judicial review of the decision to allow developer Henderson to propose changes to the development.

He argues that the alterations amounted to a new contract and so should have been put out to tender. The council disagrees.

Planning permission for the development of shops and homes was given last month and work is due to start this spring.

Cllr Gottlieb said: “Whether the application succeeds or fails, the opportunity to halt this disastrous proposal couldn’t be missed.  As it is reliant on the technical issue of procurement the claim was always something of a long shot, but we couldn’t let a fear of failure deter us from doing the right thing.”

He added: “Whichever party wins, it will have been an awful waste of time and money. The council has known for years that there were procurement ‘issues’, dating back from when it agreed to enter into contract for the development of the site with Thornfield 12 years ago, without any competitive tendering process involved. The council then missed another opportunity to procure the contract when Henderson arrived on the scene in 2010.”

Henderson director Martin Perry told the Chronicle earlier this month that the scheme would be delayed ten years if the judicial review succeeds.

Cllr Gottlieb, himself a London-based property developer, said: “If competently managed, the whole project could be restructured and put back on track in no more than 12 months. Large parts of the site could be put on the market within weeks.”

The judicial review is due to last two days. It was unclear whether the decision will be announced immediately or reserved.

In a statement, the council said last night: “The city council hopes that the challenge will be rejected and will seek to recover the costs that the council taxpayer has incurred.

“It is not too late today for this appeal to be withdrawn by Cllr Gottlieb to save public money and so this much-needed development can proceed for the benefit of Winchester.”