A CONTROVERSIAL decision to allow a cut-price pub chain to open up in a Hampshire town has been branded “legally flawed”.

Wetherspoon has been given the green light to move into a former furniture shop in St Thomas’ Street, Lymington, after a vote by members of New Forest District Council.

Councillors went against the advice of planning officers and approved the application – despite claims that rowdy customers would upset pensioners living in nearby Monmouth House and mourners attending funerals at St Thomas’ Church.

Now the influential Lymington Society, which is fighting the scheme, claims to have taken legal advice about the decision – and has urged councillors to stage another debate.

Chairman Clive Sutton said: “The society’s clear advice is that the decision by the development control committee is legally flawed as it failed to properly consider their previous unanimous refusal for a nearly identical application and that a legal challenge to the decision could be successfully mounted.”

A spokesman from Wetherspoon said: “This has been a long-running situation – Wetherspoon was granted planning permission a few months back which we were very pleased with. However, if the Lymington Society wish to contest it, this is something that is for them to take forward.”

Last night, nobody was available for comment from New Forest District Council.