In the latest twist in a decade-long saga, which is believed to have cost Selby District Council more than half a million pounds, Deputy Judge Robin Jay QC quashed the latest granting of planning permission to Kathryn and Ian Hutchinson, which was issued by a Government planning inspector.

This means the future of the 27 metre by 15 metre building, the Hazlewood Equestrian Centre, at Battlefield Stud Farm, in Aberford – which was built lawfully in 1999 under planning permission subsequently quashed by the High Court – must be reconsidered once again, at a further cost to the various parties.

The Secretary of State for Communities and Local Government, John Denham, consented to the planning inspector's decision, taken in April, being quashed on one of the two grounds challenged by Samuel Smith.

It argued that it was "astonishing" that during the extensive years of litigation in which the building has been treated as "inappropriate development" in the green belt, the inspector determined it was in fact "appropriate".

The Secretary of State conceded that, having made this key determination, the inspector should have reopened the inquiry and as a result was willing for the decision to be quashed.

The brewery also, however, sought a ruling the inspector had got it wrong when he found the building was essential to the thoroughbred horse breeding business and genuinely required for a use of land that preserves the openness of the green belt.

It claimed this ignored the fact the business was turning in a moderate profit without it and there was no justification other than a desire by the Hutchinsons to expand.

It wanted a declaration that no future inspector could classify the building as "appropriate" in the green belt.

But the judge dismissed this request and ruled the question of whether the building was appropriate was a matter for the inspector.

It means a future inspector could still decide the building is appropriate, opening the door for further challenges.

Ian Hutchinson last night said: "This is certainly not the end of the matter and we will keep fighting.

"We are disappointed but not terribly surprised that we came unstuck on the procedural grounds, but we are happy the judge didn't rule against us on the other points. It certainly gives us some hope.

"When you've lived with this hanging over you for as long as we have it is very difficult."

Mrs Hutchinson added: "This has destroyed our family's lives. We have had 10 years of not knowing whether we can stay in business and not knowing whether we can stay on the farm."

The brewery says it is concerned about encroaching development in the green belt in the area, and takes an active role in fighting against it.


SAGA FULL OF TWISTS AND TURNS

1999: Ian and Kathryn Hutchinson apply for planning permission for the building on their stud farm. Samuel Smith brewery puts in an objection but the application is successful.

2001: With the building completed, Samuel Smith goes to the High Court to quash the permission and succeeds.

2001 to 2007: The decisions go back and forth between the High Court and Selby District Council five times, each time the council gives planning permission, the High Court quashes the decision.

2008: Samuel Smith persuades High Court to force a council meeting before the deadline for enforcement action expires. Council decides enforcement order should be served. This is challenged by the Hutchinsons, whose appeal is upheld.

2009: Seventh High Court appeal is overturned – the building becomes illegal again.