A LEGAL challenge will be made against the decision of a planning inspector to allow 100 homes to be built on appeal, despite concerns about costs.

Swindon Borough Council will make the challenge in the High Court following legal advice from a leading planning QC.

Ainscough Strategic Land's successful appeal followed the refusal of the application by the planning committee after strong local opposition.

The legal challenge to the inspector’s decision will be brought under section 288 of the Town and Country Planning Act 1990. The advice received by the council is that the planning inspector erred in law in two respects.

The council will argue the inspector did not take into account the local plan, a document outlining where housing in Swindon will go over the next decade, and failed to take into account the five-year housing supply in Swindon.

Councillor Toby Elliott, the cabinet member for Communities and Strategic Planning, said: "The planning inspector’s decision is a disastrous one and we must stand up for local people and the integrity of the Local Plan process by challenging it.

"I am pleased that the legal advice we have been given supports this position.

“I hope this announcement gives the residents of Wroughton, who came together and produced a neighbourhood plan for their area, confidence that the council is doing everything it can to challenge the planning inspector’s decision.”

However, opponents have questioned whether it is wise to spend money fighting the decision at a time when cash needs to be saved.

The Labour Group has said other cases have ended up costing local authorities more than £120,000.

Coun Jim Robbins (Lab, Mannington and Western), said: “Taking this planning decision to Judicial Review would be the biggest waste of money in recent years by this Council.

“A similar planning application to Berkeley Farm, in Tetbury, was taken to Judicial Review and the planning permission was upheld because of a persistent under-delivery of homes built, the same reason the Berkeley Farm application was granted.

“If the Conservative administration go-ahead with this Judicial Review at huge cost, the only winner will be the Planning lawyers who will be defending the developer and Swindon Council and making huge sums of cash.”

But this view is disputed by council chiefs, with Coun Elliott saying, while they have only been given estimates, they expect the cost to be far lower.

He said: “I sought legal advice, from a very highly qualified QC, to see if we should proceed with this challenge. We have solid legal grounds to fight this appeal decision on and it won't even cost a quarter of what Labour is claiming. They have based their spurious press releases on little more than searching for 'planning appeals' with a search engine. I'll get on with standing up for the people of Swindon."