Appeal court upholds spa ruling

Paint inside the pools peeled off

The Court of Appeal has stepped in to a long-running row over the Bath Spa project to stop it turning into 'another Millennium Dome'.

The landmark £26m development had been due to open in September 2002.

But an ongoing argument between the council and developer Mowlem over the paint finish on the pools has seen the project delayed for 18 months.

Now judges have called an end to the row, saying it could reduce the spa "from the status of 'Eden' to 'Dome'".

The spa project is a number of swimming pools fed by water from the famous Roman Baths, which remained open throughout.

Peeling paint

Lord Justice Mance said any further delays to the project would cause "unquantifiable" damage to the local economy and public confidence.

He upheld a court order requiring construction firm Mowlem to allow another contractor on to the site to finish the job.

The row began when paint applied to the surface of the pools began peeling off.

The work has now been completed, and on Friday the Court of Appeal ruled against Mowlem, ordering them to pay the council's £22,500 legal costs.

A delayed opening date for the spa was set for 7 August 2003 when The Three Tenors played a free concert in Bath.

But the row between the council and Mowlem meant that, while the concert went ahead, the spa remained unfinished.

The spa project is funded in part by an £8m Millennium Commission grant.