MARKS and Spencer's plans to open an out-of-town store at Middlebrook have been thrown out by councillors.

Their decision came after warnings that the M&S plans could sound the death knell for Bolton town centre.

In a spilt 11 to eight vote, Bolton Council's planning commitee refused to relax a covenant covering Middlebrook.

The covenant is designed to restrict the sale of items, such as clothes, shoes and toys, on the grounds that it is contrary to Bolton Council's retail shopping policy and would have a negative effect on the town centre.

That effectively blocks the store's plans to move into the former Allders store at Middlebrook.

The councillors' decision followed an impassioned plea by town centre manager Cathy Savage who wrote to all 60 councillors urging them to oppose the move.

She believes that if Marks and Spencer opened at Middlebrook, it could lead to the retail park becoming the "new shopping centre of Bolton".

After Thursday's planning committee, she said she hoped the decision would ensure a brighter future for the town centre.

She said: "I am absolutely delighted. This wasn't a fight against Marks & Spencer, but we felt that we had to take a stand for the sake of the future of the town centre shopping centre."

Rod Neasham, manager of the Market Place in Bolton town centre, said "I'm happy that the committee have acknowledged the threat that this posed to retail in Bolton town centre."

But he warned that Orbit Development (Northern), which owns the Middlebrook shopping centre, could appeal against the councillors' decision.

A number of councillors spoke in favour of the M&S application.

Cllr John Walsh said: "Everyone wants to protect the town centre, but equally we have to recognise that retailing changes.

"I feel as long as parking is sorted out, the town centre is sufficiently robust. And there is a grave danger that this would be approved on appeal anyway."

Cllr Prentice Howarth added: "Human beings have a right to shop and, with Bolton Wanderers bringing in visitors from all over Europe this year, we should be able to offer them the best we can."

Marks and Spencer had said it would keep its existing town centre store if it opened a new one at Middlebrook.

And Cllr Linda Thomas said: "If the managers of the M&S store in the town centre are not worried about the competition this would bring, neither should other town centre retailers."

But Cllr Nick Peel warned that if the application was approved, it would open the doors to other retailers.

He said: "The committee would find it impossible to resist change of use' applications from other traders who want to move in and those that are already there."

Cllr David Wilkinson added: "We have to protect the town and to allow such a high profile retailer to do this would be contrary to why the restrictions were made in the first place."

Phil Burgess, group main board director of Emerson, Orbit's parent company, told the committee that only four per cent of the floor space would be taken up with the goods restricted by the covenant.

He said: "This would not be a high street store and only a third of the size of Marks & Spencer's town centre store.

After the meeting, Orbit declined to comment on whether they would appeal against the decision, but a spokesman for Marks & Spencer said: "We are very disappointed with the result of the planning application and we are now reconsidering our options."