A LAST-ditch bid to stop the opening of a Newport supermarket failed as a judge decided campaigners will not be allowed a full judicial review.

Members of the 'Say No to Morrisons' Group were seeking a judicial review over the city council's decision to grant permission for Morrisons to build a new supermarket, as part of a £50-million regeneration scheme led by housing association, Linc Cymru.

The Lysaght's Parc development in Lliswerry will be made up of around 180 homes, along with a new Morrisons supermarket, providing around 300 jobs, and a project to refurbish the historic Lysaght's Institute.

Newport Council's planning committee granted permission for the plans to go ahead last year.

During a two-day hearing at Cardiff Civil Justice Centre in June, members of the 'Say No to Morrisons' group contended that the decision was unlawful on a number of grounds including that the council did not provide a proper environmental impact assessment, the decision-making process was tainted by apparent or real bias or pre-determination, and the council's approach to policy on 'enabling development' was irrational.

The group claimed planning committee member Cllr John Richards was actively supporting the campaign to bring the supermarket to Newport and had not kept an open mind when considering the application.

In a judgement made last week, The Recorder of Cardiff, Nicholas Cooke QC, refused permission for a full judicial review to take place.

Judge Cooke said that the council's decision not to have an environmental impact statement was "rational" as it was based on information in a letter from property consultant's GVA Grimley, which "provided a considerable amount of useful information in relation to the possible need for an environmental statement."

The judge said evidence that Cllr Richards played a part in collecting signatures for the petition was not established to his satisfaction, and it was not proved that Cllr Richards canvassed support for the development.

The judgement states that although Cllr Richards' remarks in the planning committee meeting were "regrettable" they did not provide evidence of bias.

Judge Cooke said the planning committee gave "exceptional weight" to restoring the Lysaghts Institute and bringing it back into beneficial use, and the commitee was entitled to regard that consideration as outweighing the conflict with retail policy.

He concluded that the group "failed to disclose sufficient grounds to justify a judicial review of this decision in relation to any of the areas where a challenge has been sought to be mounted."

Both Morrisons and Newport council said they welcomed the judgement.