THE High Court has quashed planning permission for a care home in Fulford, saying a City of York planning committee was "significantly misled" by an officers report.

But residents say it is a "hollow victory" as an updated planning application for the 64-bed nursing home on Fordlands Road was approved in July, meaning the scheme can still go ahead.

Residents Mary Urmston and John Matthews made a legal challenge against the council's decision to grant planning permission for an earlier application.

Judge Belcher, sitting in the High Court, said Fulford Parish Council wrote to the council highlighting errors in a report about the provision of care home beds in Fulford, claiming that the ward has an "overprovision of approximately three times the optimum requirement."

The judge concluded: "The officers report contained an error of fact as regards the need for care homes within the locality, which remained uncorrected at the planning committee meeting.

"I conclude that the overall effect of the report was to significantly mislead the committee about the level of undersupply in the local area and which was left uncorrected in relation to the issues of the principle of development and the planning balance."

The judge rejected three other grounds of challenge but quashed planning permission based on the error of fact.

Mrs Urmston said she was "pleased" with the result but added: "It's a hollow victory because the council is determined to approve it whatever residents do or say." She added that she would not be challenging the updated application.

A spokesperson at City of York Council said: “We recognise the verdict and while we are disappointed we will not be challenging it. This planning application will now need to be re-determined by the council’s planning committee. This is expected to take place later this year.

“A second planning application, which responded to concerns raised by neighbours, has already been approved by the planning committee. This permission remains valid and, following due process, we hope that construction of the much needed care home on this site will begin in the autumn.”