A SHOCK decision taken by a High Court judge on Tuesday means an approved plan to restore and extend Sir Arthur Conan Doyle’s Hindhead home as a special needs school could still be overturned.

Building work is already under way, following Waverley’s decision in March to grant full planning consent for Undershaw to become the new home of nearby Stepping Stones School.

But the works may have to be reinstated if the High Court rules against the borough council at the forthcoming judicial review hearing that has just been approved.

Undershaw Preservation Trust founder John Gibson applied for a judicial review to test Waverley’s “completely bonkers” planning consent, which he claims was unlawful because the borough council failed to properly consider the “optimum viable use” of a major heritage asset.

In a dramatic twist – worthy of the creator of Sherlock Holmes himself – this week’s decision by Mr Justice Singh to allow Mr Gibson to mount a full court hearing, follows the decision taken last month by fellow High Court judge Mr Justice Dove to support Waverley and refuse Mr Gibson’s legal challenge.

Undeterred by his initial failure, Mr Gibson persevered and applied for an oral hearing to try and convince another High Court judge that the planning consent was unlawful and should be judicially reviewed.

Welcoming the decision, Mr Gibson said he did not want to see Hindhead lose a “tremendous” literary property because Waverley Borough Council had gone “completely bonkers”. He told The Herald: “The judge ruled this was of national importance and it is now gong to a full hearing.

“It’s absolutely the right decision. English Heritage was represented because it was an important decision that will have repercussions across the country.

“My legal team advised me Waverley Borough Council had made the wrong decision. We now await a date in the Royal Courts of Justice. I hope they will expedite the case because building works are carrying on.

“I wrote to Matthew Evans, Waverley’s head of planning, in April, to warn I was going to judicial review and the work should not start.

“It could be a very expensive mistake.

“It’s totally outrageous the house of a major author has been treated this way, agreeing an extension three times as big as the house.

“Waverley should have told the school to find a site so it can expand elsewhere, not do this to the house of a great British author, who was at the peak of his career and received a knighthood, while living and writing at Undershaw.”

The DFN Charitable Foundation funded the purchase of Undershaw and is funding its restoration and the addition of a linked state-of-the-art educational facility to enable Hindhead’s Stepping Stones School to expand and become a centre of excellence.

A spokesman for the charity said: “The recent decision by the court to allow a judicial review is very disappointing and a continued distraction from our efforts to conserve and restore Undershaw and create a new school base for Stepping Stones School.

“It is unclear what Mr Gibson now hopes to achieve with this latest attempt to block our development. All the demolitions are complete, the foundations and retaining walls in place, the hydrotherapy pool under construction and the steel frame for the new extension being put in place. A new roof is being installed and will shortly be complete.

“All of this work has been done with the full approval of Waverley Borough Council. The site is owned by the DFN Charitable Foundation and will not be sold.

“We have undertaken to allow some public access in the future for Conan Doyle enthusiasts. Our scheme has effectively saved Undershaw, something Mr Gibson singularly failed to do over the past 10 years.

His latest effort will cost council tax payers a very significant amount of money as the council is forced to defend its legitimate right to decide planning matters.

Unfortunately, he is only required to pay a small amount towards the council’s costs, so he has demonstrated he has no care for the democratic decision of the community, or for the children with special needs and their families our scheme will help.

“For our part this decision changes nothing.

“We will continue to repair Undershaw and build our school. We trust the court will confirm the earlier judgement and throw out this ridiculous case brought by a man who only cares about his hobby. We will see him in court.”

Council leader Robert Knowles said: “Waverley is disappointed the judge has determined a full hearing is to take place, despite the fact the High Court previously supported the council decision to grant planning permission.

“The council is confident the correct policies and procedures were adhered to and the decision to grant planning permission was lawful.

“We hope the hearing takes place sooner rather than later.”