THE long-running planning battle over the development of the derelict Fairwater Gardens in Coopers Lane, Evesham, is to be settled in Whitehall.

Parkridge Homes, of Solihull, has appealed to the Secretary of State for the Environment against the refusal of Wychavon District Council to allow six two-bedroom three-storey homes and four one-bedroom apartments on the site overlooking the River Avon.

The council said the development would have a detrimental effect on the character of the area and a harmful impact on the setting of Fairwater Nursing Home, an important local building that contributed to the character of the area.

Another refusal reason was that the mixture of architectural styles showed no consideration for local distinctiveness and would cause serious harm to the character and appearance of the Conservation Area.

It was claimed the root system of protected trees could be disturbed, leading to their loss, and there were concerns about the road layout.

Agents Allan Broadhead Associates have been trying to get consent for the site since 1997.

In their grounds of appeal say: "Our willingness to negotiate has encompassed density, numbers of dwellings, style, design, scale and landscaping, the type of housing relative to market values and social needs.

"The council has consistently failed to offer realistic advice as to a level of commercial or social residential development that would be acceptable.

"Refusal decisions have been varied and inconsistent, and we believe that those decisions have been made entirely to ensure that this site would not be developed whatsoever."