Efforts to prevent new homes in a growing Somerset town have taken a blow after Somerset Council said it would not support a legal challenge against the developer.

The Curo housing association put forward revised plans in early-2024 to demolish two affordable homes on Orchard Vale in Midsomer Norton, in order to provide access to a new development of 54 homes on the Underhill Farm site.

Somerset Council approved the plans in early-May, but Bath and North East Somerset (B&NES) Council voted against the “immoral”proposals in early-June – prompting the Bath-based developer to lodge an appeal.

Somerset Council has now notified the Planning Inspectorate it will not be contesting this appeal – leaving B&NES Council to go it alone if the homes are going to be stopped.

While Midsomer Norton lies predominantly within the B&NES area, the Underhill Farm site is under the control of Somerset Council, and are therefore subject to its planning policies.

The council’s planning committee east (which makes decisions on major applications within the former Mendip area) received legal advice on this appeal when it met in Shepton Mallet on Tuesday, August 6.

A spokesman said: “This application was approved by the planning committee east at its meeting in May in accordance with the planning officer’s recommendation.

“The Planning Inspectorate has set the council a deadline to submit the statement of case by August 20 for the appeal against this application. As such, the council will need to submit a statement of case confirming its position with regards to this appeal beforehand.

“Subject to the inclusion of the conditions and obligations approved by the committee, which will be confirmed in the statement of common ground, it is recommended that the council does not seek to defend the appeal.”

If Somerset Council had contested the appeal having voted in favour of the plans, it could have been held liable for some of the legal costs involved on the basis of wasting the inspector’s time.

The committee voted by ten votes to zero (with one abstention) to accept the legal advice and not contest the appeal.

Councillor Paul Crossley (who represents the Southdown ward on B&NES Council) was one of several councillors who lambasted Curo’s proposals in June, describing them as “wrong on so many fronts”.

He elaborated: “Somerset has said they don’t want housing there, a judge has said it’s not suitable for housing there, we have said it’s not suitable for housing there.

“How many times do we have to say it’s not suitable for housing there?”

The Planning Inspectorate has confirmed that this appeal will be settled through an informal hearing (a lower-key version of a public inquiry), rather than being handled through written representations.

This hearing will be held at some point in the autumn, at a venue to be confirmed, with the result expected to be published either side of Christmas.

To make a formal representation to the inquiry, visit www.acp.planninginspectorate.gov.uk and quote case number 3342993 by August 20.