A BUSINESSMAN who was upset after a rival radio station was given the contract to broadcast to the Ashford area has suffered costly defeat in his High Court challenge to the decision.

Francis Wildman argued Ofcom - the communications regulator - should never have given the franchise to Local Ashford Radio Kent (Lark).

His own A-Ten FM outfit was one of the six applicants that lost out to Lark in the race to win the franchise.

However, judge Mr Justice Stanley Burnton rejected Mr Wildman's judicial review challenge to Ofcom's decision, leaving the businessman facing heavy legal costs.

Among other things, the judge rejected Mr Wildman's plea that the award of the franchise to Lark violated the basic human right of the people of Ashford to freely receive "information and ideas".

Upholding Ofcom's ruling, the judge said: "There is nothing irrational or unfair in this decision". Ofcom gave "adequate" reasons for the decision, although it did not specifically address why each of the unsuccessful applicants for the franchise - including A-Ten fm - were considered to be "less worthy" than Lark.

The judge added: "Mr Wildman is obviously passionately concerned to be involved in local commercial radio. He has devoted considerable time, energy and application to applications for licences and challenging the decisions of the authority responsible for the awards of licences.

"He has scrutinised Ofcom's decision and criticised a number of its assessments of the relevant facts. But this is not an appeal on fact. This is an area in which...the court allows the decision-maker a wide measure of discretion and width of decision."

The judge said he had not addressed "every single point" put forward by Mr Wildman but, even had he proved all his factual contentions, he concluded he would still not have overturned Ofcom's January decision to award the contact to Lark, which is part owned by the Kent Messenger Group.

The launch by Lark of its Ashford radio station had already been delayed by Mr Wildman's court challenge, "with resulting financial loss", observed by Mr Justice Burnton.

And the judge concluded: "For the reasons I have set out, the claim for judicial review will be dismissed".

Martin Phippen, chairman of Local Ashford Radio Kent Limited, said: “Obviously we are delighted, but not surprised, that the High Court have rejected Mr Wildman’s application for a Judicial Review of Ofcom’s decision to award the Ashford licence to our company.

"The people of Ashford have been deprived of its radio station and we are now pressing ahead with the launch in early October.”