THE developer of Silver Hill has won the right to appeal against the findings of a judicial review that said aspects of the scheme had been handled unlawfully.

The High Court had ruled that aspects of the procurement for the £150m development had breached regulations.

But the new decision by the Court of Appeal means that the issue will return to court in the next few months.

The controversial scheme for shops, flats, parking and offices has planning permission and construction work is due to start soon.

Anti-Silver Hill campaigner Kim Gottlieb said today: "Fundamentally nothing has changed. As things stand it is still the case that the council breached the procurement regulations and acted unlawfully. The council remains ‘in the clink’, although they will undoubtedly try to spin the story.

"Nothing changes as far as the Winchester Deserves Better campaign is concerned either. The objective of saving Winchester from both of these appallingly damaging schemes is far too important for us to be diverted by this technical set back."

Cllr Stephen Godfrey, the Leader of Winchester City Council, said: “I am pleased that this judgement of a senior court has drawn attention to the complexity of such a case. Whilst some may continue to assert that the council has acted unlawfully, it is clear that there are significant questions of law to be tested.

"The courts will examine further matters which formed the basis of the legal challenge to the council’s actions and clarify our legal position, which is now not clear. Whatever the eventual outcome of this appeal, I hope that this decision will allow the council to focus on delivering major improvements to this run-down part of town for the residents of Winchester.”

Martin Perry, Director of Development at TH Real Estate (formerly Henderson), said: “We’re delighted with the latest appeal decision as we were both very disappointed and surprised by February’s decision, having sought and complied with legal advice throughout the process.

"Lord Justice Lewison felt that the appeal raised important questions about the substance of the original claim as well as the standing of the claimant to bring the original action. We are now looking forward to having these matters examined before the three appeal judges. We did not take a decision to appeal against the first judgment lightly, but having taken leading counsel’s advice, independently of Winchester City Council, we are confident of our position and now look forward to the appeal.

"Our action in seeking the appeal is testament to our commitment to the proposed development, which we believe is the most viable option for Winchester, as well as our commitment to our partner, Winchester City Council, who we will continue to work with alongside all stakeholders. In the meantime, we welcome feedback which might improve the scheme further and help to bring forward this much needed regeneration of the Silver Hill area.”