Dozens of people are preparing to launch a judicial review over plans to establish a Jewish free school in Mill Hill.

For the second time Barnet Council will be accused of ignoring the needs of elderly and disabled people under the Equalities Act following its decision to grant planning permission to Etz Chaim in January.

The primary school will be located at the former Wyevale Garden Centre in Daws Lane - a site which many people believe should have been kept open for use by the whole community.

Gaon Hart, who lives in Birkbeck Road, said: “Although the council has paid lip service to the Equalities Act, it hasn’t given high priority to the concept of protecting a place that gave elderly people, young people and disabled people a place to interact.

“We’re fighting for a community centre where everyone mixed together. We've got a buyer who’s ready to buy the site and make it a business again, selling things of interest to everyone as the garden centre did.”

At a meeting held at Copthall School on Sunday, March 4, 180 people voted in favour of seeking legal action.

Mr Hart says he is confident the second judicial review will be as successful as the first which resulted in Etz Chaim having to submit a new planning application. The council admitted it had not paid sufficient regard to the Equalities Act 2012 after Daniel Coleman, of Milespit Hill, took legal action last October.

A council spokesman said: "The planning committee was satisfied a clear and demonstrable equalities assessment had been made and gave consent for the change of use subject to the application being referred to the Mayor of London and the completion of the section 106 agreement."

Section 106 of the Town and Country Planning Act 1990 allows the council to enter into a legally-binding agreement over planning permission with a landowner.

Adam Dawson, chairman of governors at Etz Chaim, said: “The school plans to turn what is currently a derelict building into an outstanding school and community facility.

"It is regrettable that a small number believe that an expensive judicial review is the appropriate course of action to take. However at least following a court case we will all be able to move on.

"I would reiterate that the school trust which owns the 102 year lease of the site is, with the backing of the Department for Education and Partnership for Schools, committed to building a fantastic school and it is misleading to suggest that a garden centre or any other business will be built on the site.

"We will continue to work with our neighbours to ensure that when the school opens next year, the site will become a beacon of communal activity.”