KENNET District Council's solicitor has been asked to investigate whether the council should seek a judicial review on a plan for new homes on the former Spitalcroft allotment site in Devizes.

The council was stunned that Government inspector Ray Hiscox allowed the appeal by Robert Hitchins Homes to build 158 homes.

Coun Lionel Grundy, a member of Kennet's regulatory committee, asked if there was an opportunity to seek a judicial review against the decision by Mr Hiscox.

He said: "It needs looking at. We need advice from a barrister as to whether we have got grounds to go forward.

"The Inspector's decision on Spitalcroft has blown a hole in local planning arrangements. It leaves the council in some difficulties as to what it does in the future. It's a matter of great public concern in the Devizes area. We seem to accept all too easily decisions by one man."

Ted Howles, Kennet's planning services manager, said: "The advice I have is that a legal challenge has to be done on a matter of procedure which is very narrow. It's not an opportunity to rehearse the council's case again."

The regulatory committee agreed to ask Maria Memoli, Kennet's legal and democratic services manager, to consider whether to seek the advice of a barrister.

Meanwhile soil experts will be lining up against each other to decide if the land at Windsor Drive, which Robert Hitchins Homes is developing for allotments, is of a suitable standard. Both the council and Robert Hitchins are to appoint a soil expert with the aim of agreeing that the soil is a suitable standard for horticulture.

Mr Howles said if the experts did not agree then an independent soil consultant could be brought as arbitrator.

"The legal agreement ensures that the residential development permitted on the Spitalcroft site cannot commence until the experts agree that the soil has been improved in accordance with the requirements of the scheme," he said.

The legal agreement requires Robert Hitchins to start the soil amelioration work before September 30 with the aim of completing the improvement works within 12 months.

Mr Howles agreed to a request from Coun Tony Duck that the Save Our Spitalcroft action group be involved in selecting the soil expert.

Following the meeting Alan Padwick, the group chairman, said: "I am glad that councillors are thinking about seeking a barrister's advice. I really do think the town has been messed about by this and other decisions on planning appeals."

The battle on Spitalcroft has been ongoing since 1995 and has been the subject of four public inquiries.

Following the decision made by Mr Hiscox, Brad Fleet, Kennet's director of community services, said: "The council has invested a considerable sum in preparing a Local Plan based on widespread community involvement. The plan was recently judged by another inspector to conform with Government policy and it is exasperating to see other inspectors failing to uphold it. Such an apparent contradiction between officials raises a question mark over the credibility of the forward planning system to the man in the street."