HEREFORDSHIRE Council will not defend its decision to reject plans for 625 homes in Ledbury, to the north of the viaduct.

And now Ledbury Town Council will debate what the level of its opposition should be at a forthcoming planning inquiry.

In December, Herefordshire Council's planning committee turned down the Bloor Homes plans for land off the Bromyard Road, due to access concerns; but now there is a climbdown, leaving the town council wondering where that leaves its own strategy.

Ledbury mayor and county councillor, Phillip Howells said the town council was planning to use the so-called 'Rule 6' at the inquiry, which would have allowed the town council to cross-examine Bloor, "to question and probe, and probably that would mean the need for legal advice".

But using 'Rule 6' could have left the town council open to "substantial costs", if it found itself on the losing side.

However, even if 'Rule 6' is not invoked, the town council still plans to be at the inquiry "and take the opportunity to speak"; but Cllr Howells added: "We haven't decided yet what our plan of action will be."

This will be debated at a full town council meeting next week, on March 5, where town councillors will discuss "the possibility of hiring an advocate".

Bloor's initial consultations for the site had included two road accesses to the site with one going under the railway viaduct.

However, the final proposals included just a single access onto the Bromyard road.

More than 1,000 people, who took part in a parish poll agreed that a second access onto the Hereford road was needed, this view is supported by town council and nearby Wellington Heath parish council — and the county's planning committee agreed.

Cllr Howells said: "A democratic process supported by a parish poll - you would like to think that would have some sway over an examiner at a planning inquiry; that is where the frustration and the disappointment is.

"But Herefordshire Council has taken a considered, legal decision, which you can understand."

The development of land for housing to the north of Ledbury viaduct is, in fact, a key party of the county council's long-term planning blueprint for Ledbury, The Core Strategy. It is access which has caused a significant difference of opinion.

Bloor representatives claimed that building a new road under the arches of the 19th-century grade II listed railway viaduct would pose a health and safety risk.

They also said their plans would improve the Bromyard Road, Hereford Road, and The Homend junction with a pedestrian-controlled crossing and upgraded layout for lorries to manoeuvre.

However, in December, Herefordshire Council's planning committee rejected the scheme by 10 votes to three with one abstention.

Bloor Homes then appealed this decision and now a planning inquiry is expected to rule on the decision.

But the county council is withdrawing its reasons for refusal to limit the costs they may incur for defending and losing the case.

Council solicitor Claire Ward said: “Pursuing the defence of the reasons for refusal by the council could be seen as unreasonable given there is no technical evidence to support the grounds for refusal.

“Regrettably, the legal advice of the solicitor to the council and monitoring officer is to withdraw the ‘reasons for refusal’ given by the planning committee on December 11 to both mitigate the reputational damage to the council and to limit the significant costs that the council could incur.”

The planning inquiry concerning Bloor's rejected planning application is "still likely to take place", but a Herefordshire Council statement adds: "However the council will withdraw its reasons for refusal. The benefit of agreeing to withdraw the reasons for refusal now is that the appellant’s costs incurred in the appeal should be significantly reduced, the inquiry should be shorter, some expert witnesses may not be required to attend and the council’s costs incurred in instructing technical experts will be reduced."

Herefordshire Council's position has been met with some dismay on social media.

One reader, posting on the Ledbury Reporter online site said: " The reputational damage to the Council will now be far worse when the affected residents and voters read that all the representations made over several years have just been swept under the table.

"Do these people not have accountability?"