A COUNCIL has been forced to drop its opposition to a new nightclub.

Chester-le-Street District councillors had knocked back attempts by nightclub owner Billy Walton to secure planning permission for his second nightclub in the town, fearing it would lead to anti-social behaviour.

Consequently, the businessman lodged an appeal against the refusal of planning permission, which was due to be heard in September.

But now the council has decided not to fight the case at appeal, because it could not defend its stance.

The row over the controversial plans, submitted by Mr Walton's Hunky Dory Leisure company, has rumbled on for more than a year. It involves building a club and a ground floor caf/bar on the site of the derelict Queens Hall Bingo on the town's Market Place, along with two shops.

Planning permission for a 1,000 capacity venue was refused by councillors in January, who thought it would lead to an increase in crime.

Police also feared a late-night bar was likely to lead to a 'significant risk' of crime and disorder in the area, but a few months later they withdrew their objections, after Mr Walton gave a formal undertaking that only one of his nightclubs would operate at any time. He also owns Crocodillos nightclub and the Glo bar behind it.

But when Mr Walton reapplied for planning permission, councillors again knocked back the plans last month, saying they still had concerns about anti-social behaviour. Mr Walton then took his cause to appeal.

At the council's last planning meeting, planning officers advised councillors that England & Lyle Chartered Town Planners had said that it was unlikely that the authority would be successful with an appeal and would have no case to answer.

Councillors then decided to withdraw from the appeal, as they felt they could not defend the case without the support of the police. The plans will now be scrutinised by the planning inspectorate, but are unlikely to be stopped.

Mr Walton said: "Chester-le-Street council is quite right - the town isn't big enough for two nightclubs - but we want planning permission so we have the option of putting one there. But we are definitely going to open the caf/bar."

A council spokesman said: "At the most recent planning meeting it was voted that the district council withdraw from the appeal."