DEVELOPERS trying to build 200 homes at an ancient Worcester beauty spot have lodged an appeal with an independent inspector - with the city facing a massive legal battle.

Your Worcester News can reveal how Miller Homes has formally appealed for non-determination over Middle Battenhall Farm, meaning the crunch decision has now been taken away from the hands of city councillors.

The move comes after two months of a tense stand-off between the firm and Worcester's planning committee, resulting in the 16-week time limit for either giving a firm 'yes' or 'no' lapsing.

That failure, sparked because planning officers were twice instructed to assess how likely the council is to successfully defend an appeal if they voted 'no', means an independent inspector will now make a decision.

We can reveal how in August, the planning committee will now be asked to either vote in favour of fighting the appeal or back down, in which case the development would effectively go ahead.

The stakes are huge as defeat at the hands of an inspector could lumber taxpayers with paying the entire costs of the appeal, including those of Miller Homes - meaning the bill could spiral to six figures.

On the other hand, if the council defends the appeal and the case is dismissed, Miller Homes would face the same expensive fate. 

Campaigners and leading city figures have urged Worcester to "fight it tooth and nail" and keep the beauty spot, often called the finest green lung south of the city, intact.

The land is supposed to be protected from development in the South Worcestershire Development Plan (SWDP), a blueprint created by councillors, has yet to be signed off by a Government assessor, leaving a 'window' to exploit.

Councillor Robert Rowden, who sits on the planning committee, said: "I wouldn't expect anything other than us to fight this tooth and nail.

"The developer is very much mistaken if they think otherwise - what's the use of spending hundreds of thousands of pounds on a plan, to shoot holes in it.

"It's not on. Quite clearly this shouldn't be allowed - if it should go the wrong way there's always a judicial review."

Battenhall Councillor Steve Mackay said: "They've got to listen to the objections right across Worcester - this is not nimbyism, it's so important."

A spokesman for campaigners the Middle Battenhall Farm Land Action Group said: "Miller Homes submitted their plans in December 2013, they were more than happy to wait 18 months and now it's not gone their way, they've taken the bat and ball and gone home before the committee can formally refuse it.

"I would like to thank the Worcester's planning committee for supporting the preservation of such an historic site, their stance on this application vindicates their position as our elected members." 

The public objections include a raft of organisations like the Ramblers Association, the Campaign to Protect Rural England, the Battlefields Trust and various conservation and heritage experts as the site is home to a 900-year-old Scheduled Monument, with ancient ponds and a moat.

A spokesman for Miler Homes said, “Miller Homes believes that its outline proposals for development at this location would provide a high quality and sustainable contribution to meeting Worcester’s identified housing need.

"Given the council’s failure on several occasions to make a decision on the planning application Miller Homes has now appealed to the planning inspectorate to consider it instead."