PLANNERS at Malvern Hills District Council have successfully challenged an inspector's decision to allow six houses to be built near Powick.

The original application, to build the homes at Malvern Caravans, Bastonford, was refused permission in July 2014 as it was not a sustainable development and not in keeping with local and national planning rules.

But the applicant appealed, and in February, planning inspector Joanne Jones overturned the decision, saying the application would help the shortage of housing in the district.

But planning officers, fearing the decision would affect their ability to resist similar applications in the future, challenged it, and in June, the relevant Secretary of State said the inspector had made an error in law, and the decision was ordered to be quashed.

But applicant Nick Jones made his own challenge, which was considered at the High Court in Birmingham on Thursday, July 23. After a two-hour hearing, the Honourable Mr Justice Hickinbottom agreed the appeal decision should be quashed. He also ordered the Secretary of State and the landowner to pay the council’s costs of £6,498 within 21 days.

The council’s original refusal decision will now be reconsidered by the Planning Inspectorate.

Duncan Rudge, the council's development control manager, said: "We knew the planning inspector had made a mistake and we’re delighted this has now been confirmed by the High Court. We had to act fast as 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."

Gary Williams, the council's head of planning and housing, said: "Planning inspectors should understand and correctly apply relevant planning policies when considering appeals. If they make a serious error then the council should always consider whether their decision should be challenged whatever the scale of the development involved."