A HIGH Court decision upholding Malvern Hills District Council's decision to turn down a planning application has been welcomed as a protection against development in the countryside.

Last year, the council turned down the application to replace a workshop and shed at Pensax Common in Stockton with a single-storey house.

Applicant Mrs J Warr appealed the decision, and in February, planning inspector Jane Miles overturned the council’s decision to refuse.

The council challenged the inspector's decision, and on Thursday, June 11, the High Court in Birmingham endorsed the council’s view.

Duncan Rudge, the council's development control manager, said: “We knew that the planning inspector had made an error in law by ruling in favour of the applicant and we’re delighted that this has now been backed up by the High Court.

"We had to act fast; if the inspector’s decision had been left unchallenged it could have affected our ability to resist similar inappropriate housing proposals in the countryside in the future.”

“It had been said by some that our decision to take court action was absolutely ridiculous, but as well as agreeing that the inspector's decision was flawed and that there had been an error in law, the secretary of state has agreed to pay the council’s full costs in bringing the action.”

Gary Williams, head of planning and housing at Malvern Hills, said: "Planning inspectors should understand and correctly apply relevant planning policies when considering appeals. If they make a serious error their decision should be challenged whatever the scale of the development involved."

As the planning inspector’s decision has been quashed by the High Court, the original appeal against the refusal of planning permission will now be reconsidered by the Planning Inspectorate at a future date.