Maidstone council has lost a legal wrangle with Kent County Council over funding of a feasibility study for a key road project.

Maidstone has been told to fork out £9,000 in legal costs after it went to the High Court seeking a Judicial Review over the county council’s use of funding from developers for modelling the Leeds-Langley bypass.

It wanted the court to rule on KCC’s use of money to fund a feasibility exercise for the Southern Relief Road.

It had argued that KCC had siphoned off money intended to fund improvements to the Sutton Road.

The council questioned KCC’s intention to use funds gained from developers through what is known as a Section 106 agreement to fund the “modelling” for a potential Leeds/Langley Bypass.

But a judge has thrown out the council’s case.

In her ruling, Mrs Justice Lang said: “In my view, the claimant has not presented arguable grounds that the defendant’s decision was unlawful. The defendant is acting pursuant to its statutory powers.”

While Maidstone had not objected to investigating the possibilities of a bypass it had argued against the use of the Section 106 money, specifically collected for other traffic mitigation measures along the Sutton Road, such as improved bus services and junction re-alignments.

KCC requested that Maidstone Borough Council release £200,000 of developer contributions for surveys into the possibility of a Leeds-Langley by-pass.

Maidstone council, the claimant in the case, was ordered to pay £9,000 costs to Kent County Council to cover legal fees.

Cllr John Perry, leader of the Conservative group on the council, said: "I've been concerned all along that the decision to proceed with a Judicial Review by Maidstone Borough Council would do damage to the good relations it should have with KCC.

"The outcome calls into question the advice councillors were given when choosing to pursue this.

"I hope the leader of the council will look closely into this so Maidstone Borough Council is not in this position again."

Fellow Tory Cllr Matt Boughton described the situation as "an absolute mess" and felt there were "serious questions about the quality of legal advice" given to the council.

Leader Cllr Martin Cox (Lib Dem) declined to comment on the ruling until he had sat down with the town hall's legal team, but insisted: "I am passionate that this is an incorrect use of funds [by KCC] that have been legally set aside for something else."

Cllr Mike Whiting, KCC cabinet member for roads, said: "It was disappointing that Maidstone Borough Council took this decision to go to court – something I believe to be a poor use of the taxpayer’s pound.

"There was never any merit in the call for a judicial review and we are glad that this has been brought to a swift end, with the judge highlighting that we acted within our statutory powers.

"We look forward to continuing to work with Maidstone on future plans for the town."

Maidstone and the Weald MP Helen Grant added: "I very much hope that this unfortunate and unnecessary episode can now be placed firmly in the past.

"It is in the interests of all of us here in Maidstone that our two local authorities work together co-operatively to deliver for the people of our town.

"Alongside my colleague and neighbour Helen Whatley MP, I will be doing everything within my power to get MBC and KCC back around the table.

"I will be encouraging them to put their institutional squabbles aside and get on with the job of delivering the road infrastructure we so desperately need."