A GOVERNMENT planning inspector's decision to allow a 39-flat development in Swindon's Old Town has been quashed because the official got the number of flats wrong.

Grange Mill Developments Ltd originally wanted to build the 39 flats at The Paddocks, on the site of the former British Telecom building.

This was later amended to 33, but Swindon Council refused to give planning permission.

Later, when the builder appealed to the Government inspectorate in February, the inspectorate mistakenly acted as if the original 39-flat bid was under consideration and granted permission.

The council challenged this, and the High Court in London quashed the decision after Stephen Byers, the former Secretary of State for Transport, Local Government and the Regions, acknowledged the error.

The site is off Old Mill Lane, which in turn is off Marlborough Road in Old Town.

According to papers before the court, the development would involve demolishing the old BT building and the council's initial refusal of planning permission came last July. The council has since granted permission for a smaller 27-flat development but wanted the appeal decision quashed to remove the permission for 39 homes from the planning register.

The inspector had found that the planned development on the 1.3 acre site would "harmonise with the character and appearance of the surrounding area and would not result in unacceptable visual intrusion for the occupants of neighbouring dwellings."

She also said it would preserve and enhance the setting of the Swindon Old Town Conservation Area.

Roderic Jones of the council's solicitor's department, told the court: "It is common ground between the Secretary of State, the Council and Grange Mill that the wording used by the inspector in her formal decision was incorrect and erroneously refers to the application as originally submitted rather than the amended development which was the subject of the appeal."

Yesterday's court order formally quashed the decision and returned it to Deputy Prime Minister John Prescott, who has now accepted responsibility for planning matters, to be reconsidered if necessary.