On Monday an agent for David Sheldon confirmed the businessman would challenge the planners' decision to reject his proposals for Hollow Lane.

"We will put our case forward at the public inquiry and let the inspector make a decision," said Kath Ludlam, of Ludlam Associates.

"It will be on the grounds that it should have been approved in accordance with the recommendation and was not."

Mr Sheldon's plans for 20 flats on his former depot in Hollow Lane were refused by councillors in June. They argued the development would be unneighbourly.

They also feared extra cars would cause problems near its junction with Brook Street.

"It is no good being wise after the event when drivers are sat seething in their cars," said Clr Bert Grange.

But highways bosses argued there would not be any problems.

At the time councillors were warned they could face costs if Mr Sheldon appealed - and won.

But yesterday (Tuesday) planning chairman Moira Taylor said the councillors had spoken for residents in the town.

"All local councillors know that point and felt there would have been a problem at business times," she said.

"These appeals happen so often now and sometimes they get it and sometimes it is sorted out with the officers."

The appeal will be heard on October 31.

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