THE design of a care home at the centre of a legal challenge has been given the backing of Durham County Council, despite objections from a local authority.

Members of the county council's planning committee yesterday approved the design of a set of flats for elderly people which will replace the Stoneleigh Care Home, in Barnard Castle.

The scheme for the Stoneleigh site was submitted by Hanover Housing Association as part of a private finance initiative (PFI), but met with resistance from Teesdale District Council, which was consulted about the design two weeks ago.

Members of the authority's planning committee (south) unanimously agreed with the officer's recommendation to refuse the design he described as poor.

Councillors criticised its unsuitability, both in a sensitive, prominent area and with regard to neighbouring properties.

Members were keen to point out that they were not against redevelopment at the site, just the quality of the application that had been submitted.

However, members of the county council's planning committee voted in favour of the design, which had also been objected to by Barnard Castle Town Council.

Their decision followed the advice of the council's head of planning, John Suckling, who although acknowledging some weaknesses in the detailed design of the scheme felt it represented an acceptable approach to the issues generated by a difficult site.

The decision to close Stoneleigh is still subject to a legal challenge over a human rights issue, which has been taken up by relatives of some of the care home's residents.

Teesdale District Council's head of planning, Ken Hughes, said: "I am very disappointed that such a poor standard and design has been accepted for such a prominent location. Because of the location, this was an opportunity to present a good design which recognised the quality of what is around it."

A spokesman for the county council said: "Members felt that it would fit in with the surrounding buildings. They were made fully aware of the views of the district council before the meeting and before they reached their decision."

If the legal situation is resolved in the county council's favour, it is expected to press on with the construction of the 36 flats and associated facilities as quickly as possible.