PURBECK Shooting School has won a significant victory in its protracted fight against a council noise enforcement notice threatening its closure.

Graham Brown, the owner of the business in Puddletown Road, vowed "not to quit until his last breath" after losing a planning appeal, last autumn, against Purbeck District Council’s (PDC) decision to issue the noise order.

Shortly after this ruling one of the country’s top judges, Mr Justice Dove, agreed the school could mount a legal challenge against the government planning inspectorate’s decision.

Now the High Court has endorsed a consent order which effectively overrules the planning inspectorate’s decision and orders a redetermined planning appeal to take place, following a new public planning inquiry.

Mr Brown said: “Whilst I welcome this result, attempts are now being made prior to any redetermination to submit a fresh planning application in the light of negotiations with nearby residents, in an attempt to reach a final solution to the problem by mutual agreement on the part of the appellants, the residents and the council.”

Purbeck Shooting School has argued that after a decade of continuous operation, during which time they were unable to meet the original terms of the noise condition, their activities had become immune from enforcement action.

It was only after these 10 years of continual operation that PDC issued its enforcement notice, citing the gunfire as exceeding a 55db level which was affecting residents within one kilometre of the site.

Commenting on the latest legal development, Mr Brown’s solicitor Lionel Fynn said: “This is a very satisfactory outcome of the proceedings which in effect tears up the first inspector’s decision.

which we appealed against and orders that the appeal is redetermined following a new public enquiry.

“All of the appellant’s grounds of appeal together with a claim for costs now fall to be reconsidered.”

PDC planning committee chairman Cllr Peter Wharf, said: “Once the planning inspector made her decision in 2014, this matter became an issue between the planning inspector and the High Court.

There will now need to be a new public enquiry when the council will have the opportunity to defend its decision to issue an enforcement notice.”

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