A CAMPAIGNING resident’s bid to halt the construction of a new primary school has failed.

Chris Law obtained a judicial review hearing into a decision to build the school in Braiswick, Colchester.

Work has already started on the £5million school.

However, High Court Judge Justice Patterson found, after a one-day hearing, Essex County Council can continue to build the school.

Essex county councillors voted through the plans in September and the 420-place academy is set to open this September.

Mr Law claimed a report into the planning application had misled councillors, which resulted in them approving the plans.

The judge did not accept the argument.

Her judgement concluded the council report was right in concluding there is a need for a primary school and an early years learning centre in the catchment area and there is no other site where the need can be accommodated.

The judge added: “The current position where some children of primary school age are transported to schools outside the catchment area and some distance away from their home means they are spending a significant amount of time travelling to and from school. That is also a cost to Essex County Council.

“Given the situation on need and alternative sites which are not contested it seems to me to be inevitable that if there was an error of law the defendant would reach the same decision if it had to re-determine the application.”

The school site is bordered by Fernlea and Apprentice Drive.

Residents from both areas voiced opposition to the plans with concerns including the increased traffic.

If the judge had found in Mr Law’s favour, the council would have had to stop the work and reinstate the land to the condition it was in before it started.

The school will be accessed via Apprentice Drive, on the New Braiswick Park estate, and traffic will exit via Fernlea, a cul-de-sac off Bergholt Road.

The Learning Pathways Trust will sponsor the academy, which is expected to create 52 jobs.

Funding for the two-storey building, which will have 14 classrooms, came from the Government, which contributed £4.2million, and the county council, which gave £800,000.

Mr Law has the right to appeal the ruling within 21 days of the decision being made.

He was unavailable to comment when the Gazette tried to contact him yesterday.

Ray Gooding, county councillor responsible for education, said: “We are pleased the court has recognised the council has fulfiled its planning and education responsibilities and has robust plans to provide additional primary school places in the Braiswick area.

“Throughout this process we have always listened to and engaged with the local community and will continue to listen to local concerns during the build of the new school.”