Cornwall CPRE says Cornwall Council must “heed the law when it determines planning applications to avoid another costly fiasco and a huge waste of public money”.

The local conservation charity has levelled criticism at the local authority in the wake of a High Court ruling to quash a decision permitting a large private home near Rame Head in a designated Area of Outstanding Natural Beauty.

Commenting on the High Court outcome, Chairman of Cornwall CPRE Richard Stubbs said: “Cornwall Council must have known the Planning Committee was in the wrong, but they closed ranks and backed the decision, overriding their own Planning Officer. As a result of the judicial review, council taxpayers in Cornwall will pick up a bill for tens of thousands of pounds. It’s indefensible.”

Farmer Chris Wilton was given permission to build a detached house near to Rame Head in August of last year on the basis that an agricultural worker’s dwelling was needed to enable him and his family to live close to the land they farm and manage.

A judicial review into the planning decision was mounted, and a High Court Judge has ruled that Cornwall Council did not provide adequate reasons for its decision, which went against the recommendations of the Principal Planning Officer as well as the Planning Officer for the AONB. The judge also ruled that Cornwall Council failed to demonstrate that the decision to grant planning approval was in line with local planning policy – and said that the Council had failed to properly interpret its own local plan.

Following the judgement, the planning decision taken last summer is now quashed, and Cornwall Council will have to lodge an application with the Court of Appeal should it wish to challenge the High Court decision.

As the losing side, Cornwall Council will have to pay costs of £35,000.

The local authority has issued this short statement in response to the ruling: “Cornwall Council acknowledges that the decision by the Planning Committee to grant planning permission for this development has been overturned following a Judicial Review.

“The Council will now be reviewing the judgment and considering its options.”

The Cornish Times asked Mr Wilton for a comment but has not received a response.

The Rame Protection Group (RPG), which was formed by residents in protest against the initial planning application, and which raised thousands of pounds to mount the Judicial Review, says the judgement “has far-reaching implications for the protection of AONBs in Cornwall and beyond”.

A spokesperson said: “It means that private ‘need’ alone would not in itself justify developments.

“It re-asserts the critical importance of the protective umbrella that the AONB offers when it comes to developments in the open countryside.”

RPG’s Malcolm Cross said: “From the torrent of messages we have received from our supporters, it is quite obvious that decision of the High Court has gone down exceptionally well.

“We realise some people will be disappointed but for us what really matters is not the victory itself but the implications for helping to protect areas of great beauty.

“Importantly, the judge’s ruling means if you’re going to build in an AONB, it has to make a contribution and enhance the AONB.”

He added: “We are pleased about the outcome but we are not convinced that this is the end of the road, we anticipate another planning application going in.”

The costs of the Judicial Review will come to around £50,000, said Jette Johst of the Rame Protection Group. £32,405 was raised through donations, £30,720 of which came via the Crowd Justice platform, less three per cent each deducted by Crowdjustice and a third party payment processing organisation.

RPG members had covered the shortfall from their own pockets – Jette and Malcolm having put around £15k of their own money in, he said.

Cornwall Council will be required to pay costs of £35,000, which will mean that in the end there will be a surplus.

In such scenarios, the Crowdjustice organisation does not return pledges to donors, but donates leftover funds to a charity of its choice, said Jette.

She said the RPG hopes to be able to influence the choice of charity, and wants to see any funds left over “directed towards protecting the Rame Head AONB in the future”.