DEVELOPER Barratt Homes may have to appeal a refusal for planning permission in the High Court, if it wishes to build a proposed 247 home "Hawk Rise" estate off Leadon Way in Ledbury.

The planning authority, Herefordshire Council, says that if the planning application is not re-determined in the developer's favour, Barratt will have to submit another, or else appeal.

Herefordshire Council recently saw the planning permission it granted for a 321 home Barratt estate at the site being "quashed" through a Judicial Review.

The legal challenge came about due to uncertainty over the noise reduction achievable at the dwellings closest to the Meadow Cheese factory, which is owned by the dairy giant, Ornua.

Barratt has stopped building the Hawk Rise estate, following the Judicial Review.

Ornua, the victor of the Judicial Review, has not commented since the court case, while the planning application goes back to the planning authority, Herefordshire Council, for redetermination.

And Herefordshire Council, after being questioned by the Ledbury Reporter, has given no indication that its redetermination of Barratt's planning application will allow the building work to re-start.

However, a fresh round of consultation is on the cards.

A Herefordshire Council spokesman said: "The local planning authority will re-determine the application, taking into account any updated supporting noise information. "Through this process the council will re-consult and form a view as to whether or not the noise, in relation to those dwellings affected, can be mitigated to an acceptable level."

But the spokesman added: "If the application is refused, the applicant (Barratt) will have the ability to either appeal the decision or submit a further Reserved Matters application with changes to overcome the refusal reason.”

But whatever happens, Ornua is not obliged to accept the outcome of Herefordshire Council's redetermination, or any other application for the site.

And Barratt could potentially seek compensation from the planning authority.

It was Herefordshire Council which initially granted permission for the Hawk Rise estate, prior to the Ornua challenge, and this allowed the building work to start.

When questioned on this point, the Herefordshire Council spokesman said: "We can only provide comment on the re-determination process; it would not be appropriate to speculate on the potential actions of other interested parties."

Barratt, in preparing a partial resubmission for planning permission, has reduced the number of houses it wishes to build for the Hawk Rise estate, from 321 to 247.