Judge overturns appeal decision

The High Court has quashed an appeal decision involving the refusal of planning permission for a housing redevelopment at the former Cinderella Works site in Worcester.

Part of the site, recently occupied by mail-order pioneer Kays, is home to a Victorian cricket pavilion whose preservation has been the subject of an international campaign.

Developer Arndale Properties successfully challenged a Planning Inspectorate decision to turn down the company's appeal against the city council's earlier refusal of plans to demolish a warehouse complex and the pavilion and replace them with 65 homes.

The council had refused the scheme chiefly because of the loss of protected employment land and a building of local significance.

The inspector agreed that a housing scheme was acceptable for the site but took exception to the proportion of affordable housing offered - 30 per cent. Under the council's emerging local plan work new residential schemes of this size would be expected to provide 40 per cent affordable housing.

In court the judge ruled that the inspector had erred in law over the weight given to the employment land and housing issues.

The Inspectorate must now decide how to reconsider its stance on the appeal case.

Roger Milne

11 October 2007