SPORTS centre campaigners have been thwarted in a last-ditch attempt to get the best for the town after it was decided not to proceed with a legal challenge over the handling of the planning process for Alton’s proposed £20m leisure facility.

Despite legal counsel opinion that East Hampshire District Council (EHDC) had breached planning law, the question was over what gain would be achieved by bringing a judicial review.

And the answer appeared to be none.

It was a blow for campaigners hoping for an opportunity for greater public consultation in the shaping of the new centre, and to vent their frustration over the way in which the process has been conducted.

Having sought legal advice, and with time against them, Alton Town Council called an extraordinary meeting on Monday to discuss the way forward.

The key issue was if the potential cost to local tax payers of an estimated £30,000 could justify the outcome of a legal challenge.

Having sought legal advice, it was clear that EHDC could be proven to be in breach on a technicality. Up until February this year, when the law was changed, it was illegal for a local authority to gain outline permission on a planning application and then to hand it over to a third party, in this case Everyone Active, to secure reserve matters (full) permission.

Because outline permission was secured before the change in the law which withdrew this restriction, EHDC was technically in breach of the process. However, it became equally clear that if Alton Town Council was to take the district to court and get the planning decision quashed, EHDC would most probably bring the same application back to committee and that it would go through unchanged, which would not be the outcome Alton wants.

In addition to the cost of the process, the development would have been held up and could potentially result in costs against the town council for the delay.

Recognised as a “no-win situation” for Alton, it was another frustrating defeat for the Alton Sports Centre Action Group, whose chairman, Alex Golding, thanked Alton Town Council for investigating the legal challenge, saying that it had been “one of the only changes left to get a centre fit for all, not an elite few who will be able to afford it”.

Her fear was that with folk leaving over the past months due to the way the current centre is being run, and the state of the facilities, plus the fact that Everyone Active has increased its prices, the new centre could end up being “a £20m white elephant”.

Mrs Golding further pointed out that, following a meeting with EHDC leader Richard Millard, it had been made clear to Alton Sports Centre Action Group that, following the signing of the contract with Everyone Active, EHDC appeared to have relinquish all control over the provision of the new centre and that it was powerless to deliver change.

She told the meeting: “EHDC apparently has no say in the internal facilities mix, the pricing, design or commercial aspects of the new sports centre.”

It was a view shared by Alton and District Sports Council chairman Joe Walters, who told the meeting: “Be in no doubt, this is now a fully commercial operation and EHDC has no right to interfere with what is going on.”

In the event, the decision was taken by Alton Town Council not to proceed with the legal challenge, supported by the majority but not by councillor Sharon Cullen.

In discussing how to move forward, it was agreed that the town council should enter into regular dialogue with Everyone Active, not least over the state and operation of the current sports centre.

Also to call for any sports clubs and representatives to come forward if they will not be adequately catered for by the new facility.

Alton Town Council has appointed Peter Hicks and Matthew Bayliss to sit alongside district representatives Dean Phillips and Graham Hill on EHDC’s project board although, designed to influence the development process, its effectiveness was queried.

Mr Hill, in particular, was concerned about the construction period which is expected to coincide with work on Butts Bridge.

There was concern too over future ownership of the new sports centre and over what would happen should Everyone Active’s business fail.

It was later confirmed that Everyone Active will operate the business on behalf of EHDC, which will retain ownership of the building, and will pay £7,000 per year ground fee to Alton Town Council (£547,000 over the duration of the 99-year lease) for use of the land.

In a statement, EHDC further confirmed that while the initial capital investment will come from EHDC, Everyone Active will repay that investment, with interest, over the lifetime of the contract through income generated by the centre. The surplus will be re-invested in council services and used to help keep council tax low.

Funding for the £20m sports centre will come from two main sources: £5.2m via developer contributions with the remainder borrowed by EHDC and paid back through the management contract agreed with Everyone Active, which has been “structured in such a way to service this debt and also to generate income for the council”.