A man has been landed with more than £129,000 legal costs after his attempt to prevent a Jewish free school being built at a former garden centre was refused by a High Court judge.

Daniel Coleman of Milespit Hill, Mill Hill, lodged an appeal after the Honourable Mr Justice Keith Lindbolm quashed his judicial review accusing Barnet Borough Council of ignoring the needs of elderly and disabled people under the Equalities Act when it granted planning permission to Etz Chaim Primary School in January 2012.

Mr Coleman, who has learning disabilities, wanted the the former Wyevale Garden Centre in Daws Lane, Mill Hill, to remain a recreational and educational facility for the whole community and suggested the school be built elsewhere.

When Mr Justice Lindblom dismissed the judicial review Mr Coleman decided to continue his battle and appealed the decision.

But in his report, Mr Justice Lindblom said: “I see no real prospect of success on appeal, nor any compelling reason why an appeal should be heard.”

Mr Coleman’s mum Zoe Samuelson said: “Daniel absolutely feels that the elderly and disabled should have a voice. He believes they should be given a high priority.

“He still maintains the children could have been educated elsewhere and the garden centre could have been retained for the community.

“He supports the school – he just wanted ir to be based somewhere else. He was devastated by Justice Lindblom’s decision.”

Mr Coleman will have to pay his legal costs of £86, 218 as well as Barnet Council’s costs amounting to £43,229 – although the judge ruled this figure can be assessed if disputed.

Councillor Andrew Harper, Cabinet member for children, education and families, said: “We are very glad that this process is now at an end and that the way ahead for the school is clear. 

“We can now concentrate our efforts on supporting a local school in providing the best possible education to its students.”