Somerset West and Taunton Council is seeking to quash a planning decision made in error which allowed the former Blue Ball Inn in the Quantock Hills to be turned into holiday accommodation.

The council revealed on Monday permission was granted for the change of use "without the proper legal authority". But due to planning law, it now has to go to the High Court to overturn the decision relating to the 400-year-old pub.

The West Somerset Free Press reported in December that the decision had been made by a planning officer in consultation with the planning committee chairman, despite council rules stating that the decisions should be made by the full committee when four or more people and the parish council object.

In the case of the Blue Ball, the council received 14 letters of objection from local residents, as well as opposition from West Bagborough Parish Council and the Area of Outstanding Natural Beauty.

The issues relates to the application (ref: 45/22/0010) for a proposed change of use of the Blue Ball Inn, Cockercombe Road, Bagborough, from a Public House to Holiday Accommodation with Ancillary Bar (C3) and Community Use (F1 & F2).

A council spokesperson said on Monday: "Due to an administrative error, planning permission was granted under delegated powers for the change of use on 19 December 2022 without the proper legal authority to do so.

"Due to the number of objections, the application should have been referred to the Council’s Planning Committee for decision by Councillors.

"It is not possible for the Council simply to withdraw a planning permission once issued, even if granted in error.

"The Leader of the Council, Cllr Federica Smith-Roberts, is, therefore, initiating the necessary legal process through the High Court to quash the planning permission as soon as possible.

"The planning application will then be reported to the Planning Committee for re-determination.

"The applicant has been made aware of the problem and received an apology from the Council for the error."

The decision in December allowed the former pub's owner Grant Fowler to convert the pub to a ‘Sleeps 12’ holiday let, ending more than 400 years of hostelry trading. At the time, the planning officer defended granting change of use approval by the fact there would not be any external alterations to the property or any use of it which would affect the character of the AONB and local amenities more than already experienced through it being a pub.

He said there was no evidence that a proliferation of holiday lets in the Quantocks was detrimental to the area, and none of the concerns expressed by local people were actually planning issues.

Planning consultant Damian Claughton, of Jackson Architects Ltd, said since 2008 a succession of tenants had unsuccessfully tried to run the pub and then Covid-19 was the final straw. Mr Claughton said the Blue Ball was currently without a tenant and ‘closed until further notice’.

He said the planning application was an attempt to allow the premises to have a dual use as a holiday business while also keeping it available for entertainment and local events.

AONB landscape planning officer Alex Meletiou said: “Although the physical landscape is not overly impacted by the proposal, the change in character from rural pub to holiday accommodation would have a high impact on the AONB.

“The character of the area is under threat from a development of this nature.

“The potential to generate high levels of noise, light, and disturbance to tranquility is significant and at odds with the AONB’s primary purpose to conserve and enhance the AONB’s natural beauty, its special qualities, and distinctive characteristics.

“There is a point where the increase in this type of holiday accommodation within the hills is in danger of causing harm to the very qualities that attract people in the first place, whether they come to live in the area or just visit.

“From the description, the type of accommodation being offered does not seem to attract those wishing to enjoy the tranquility of the hills and this location seems inappropriate for such a venture.”

Parish council clerk Peter Hamilton said councillors agreed with ‘the widespread objection among both close neighbours and other parishioners’.

Mr Hamilton said on behalf of councillors: “It would not be right to accept that it is no longer a viable concern without a detailed study of the financial management of the pub.

“Parishioners are asking why, when the pub has been successful for over 400 years, it has now failed completely over the past few years.

“Simply accepting the claims of the applicant is not right in their view.

“For example, there are claims which the parish council cannot verify that the rent charged to tenants was in excess of £50,000 per annum.

“There have been long periods when the pub has been periodically shut with no information as to whether it would reopen.

“This inevitably led to a situation where people thought it was permanently closed and went elsewhere.”

Mr Hamilton said there was concern about large groups of a ‘different clientele’ of up to 16 people being attracted for ‘holidays’.

He said: “Experience elsewhere in the parish of such groups shows that anti-social behaviour such as loud noise beyond midnight, fireworks, and external lighting being used throughout the night are commonplace in such developments.

“In this location, which is currently very quiet and has no street lighting, it would be a huge invasion of the close neighbours’ enjoyment of their properties.”