Lawyers acting for the developer behind a controversial Tesco store has told Birmingham City Council it faces a huge legal bill if it continues to refuse its planning application.

Birmingham’s planning committee voted, by a narrow majority, to refuse the Tesco store and NHS health centre plan for St Mary's Row, Moseley, two weeks ago. 

The plan has sparked outrage in the area where hundreds of residents have signed petitions and lobbied meetings claiming it will increase traffic congestion to dangerous levels and leave Moseley a ghost town with smaller shops forced out of business.

But with the planning committee due to confirm its rejection on Thursday, lawyers acting for developer Exmax (Moseley Ltd) have thrown in the threat of costly legal action.

Coun Martin Mullaney (Lib Dem Moseley and Kings Heath), who opposes the plan, said: “The public don’t want it, their elected representatives made a decision.

"Now it seems the lawyers are trying to bully the committee into changing that decision. This is not a good day for democracy.”

Planning case officer David Wells, who was told to draw up a legally watertight reason for refusal, has concluded it can’t be done.

He said: “I do not consider that refusal on grounds of retail impact on Moseley village can be justified. Furthermore given the robust traffic analysis and parking survey I also consider that it would be difficult to justify traffic impact and parking reasons for refusal."

A letter from Wake Green Road Surgery, suggesting that NHS funding for the health centre is at risk if the scheme is not approved makes an even more compelling case to approve the scheme.

Resident campaigner Esther Boyd said: “This is the tail wagging the dog, council officers are supposed to be instructed by the committee.

“We would question much of the detail in the report, such as the retail assessment which is based on 2005 when Kwik Save was the only supermarket in Moseley. It is hopelessly out of date.”