Canterbury City Council has won an important High Court legal battle which could save a green field site from development.

The authority originally rejected a scheme for 85 homes on farmland behind the Royal Oak at Blean, which is not designated for housing in the Local Plan.

Much to the relief of villagers, the council turned it down on a number of grounds, including that it was a sporadic form of development outside the village and was detrimental to the character and appearance of surrounding rural environment in general.

But developer Gladman Developments appealed and the application was subsequently granted by a planning inspector.

Now, following a two-day hearing in the High Court, a judge has backed the council’s case that the inspector made an “error in law” in interpretating the planning policies and has ordered the application be re-determined at a new hearing with a different inspector.

The judge also ruled that the council’s expenses of more than £19,000 should be paid by the Secretary of State.

The council’s Head of Planning, Simon Thomas, said: "It’s highly unusual for us to take the government to court in this way, but there were important issues at stake here.

"Our Local Plan has very clear policies on where we will allow development and on the protection of our precious countryside. The Inspector misinterpreted these and reached a decision that we felt we had no option but to challenge on behalf of local residents.

"It is not the end for this specific planning application, though, as the Planning Inspectorate is now required to reconsider the appeal.”