A LEGAL fight between two councils over a £40 million student flats development is getting ever closer.

Colchester Council’s Cabinet unanimously approved plans which will allow it to temporarily remove access rights from land off Queen Street.

The move is to let works to start on Alumno’s student flats development, which features 336-rooms, an 87-bed hotel, retail units and open space.

Read more >>> Colchester Council to use legal powers to get £40m scheme moving

The controversial decision has been criticised by residents and councillors and moves the council one step closer to a legal battle with Essex County Council.

County Hall holds a restrictive covenant over the town’s old bus station, which it is refusing to lift, and an objection from the authority questioning the legality of the move was received before the meeting on Wednesday.

Monitoring officer Andrew Weavers said the letter asked him to step in as and stop the cabinet making a decision on appropriation.

But he said after taking legal advice a decision should be made and cabinet members voted to proceed.

The council’s business boss David King said: “Our focus is on mitigation, agreement and dialogue but it is true and it is in the papers we are acquiring the power to act if we can get nowhere. That is absolutely not exceptional.”

Read more >>> Essex County Council and Colchester Council in legal row

Campaigners spoke out against the move at the meeting, including Dorian Kelly, who said the “conditions for appropriation are not met”.

He added: “If you resolve to appropriate knowing the legal restraints, you run the serious risk of judicial review.”

Opponent Sir Bob Russell added: “It is not edifying to see Colchester Council and Essex County Council engaged in a legal dispute. It is damaging to the image of local government.

“What I am witnessing is without precedent in my 50 years of variously being an observer and participant of local government in Colchester.”

Concerned - Lewis Barber asked the council to look into why David Icke was allowed to perform

Concerned - Lewis Barber

Following the decision, Lewis Barber, deputy leader of Colchester Conservatives, said: “Last year the Cabinet specifically told me they would not do this. Just a few months later they are.

“The idea one council would get into a legal dispute with another to bring about development no-one seems to want because they signed a terrible contact is quite incredible.

“I am delighted Essex County Council is planning to side with Colchester residents and fight this.”