VILLAGERS are taking their fight to save a Victorian school from demolition to the courts, with the backing of a national heritage group.

Residents in Garway were furious when Herefordshire Council planners gave the go ahead to bulldoze the village’s Old School in April – one of the rural community’s few historic buildings, which dates back 1877.

And they recently held a protest in front of the building, which has been allowed to fall into disrepair despite planning permission being granted in 2013 to turn it into homes.

Villagers, the parish council and the ward county councillor opposed the demolition bid by Wonastow farmer Gerard Davies.

But planners gave the green light, saying they had no power to stop the owner razing it to the ground for hardstanding under ‘permitted development’ rules.

And protestors fear that once done, the site will be the subject of a fresh planning application for new housing.

Malcolm Howard, Garway Community centre chairman, has now revealed that SAVE Britain’s Heritage, which opposes the demolition, has obtained permission from the High Court to seek a judicial review.

And unusually, the court has called for a full hearing of the case, set for November 9.

He said: “The judicial review concerns the Herefordshire Council itself, the elected members, not the planning department.

“Herefordshire Council have been served a judicial summons and have chosen to defend their decision to allow the demolition of the Old School. The court has decided that a full court appearance is necessary… (and) in cases such as this, SAVE use a highly experienced barrister, on a very preferential basis, to present their case.

“SAVE are fighting this case... because they feel very strongly about saving special and unique buildings such as the Old School. and preserving Britain’s Heritage.”

He added: “Herefordshire Council have already appointed a barrister to represent them, and have committed themselves to any and or all resulting costs.

“We were hoping they would reconsider their decision, but it is clear that they have not and are not prepared to.

“They will be using their electorate/council taxpayers’ money to pay their barrister to fight a case against their own electorate and taxpayers in a case which is contrary to the UK national objective of minimising carbon emissions and contrary to the council’s own stated Core Strategy for protecting/renovating old buildings and minimising the carbon impact on the environment.”

Mr Howard also appealed for people to support the battle by donating or joining SAVE at www.savebritainsheritage.org, making it clear they are doing so in relation to the Garway Old School campaign.

Mr Oakley said: “Normally in a judicial review, the court looks at the evidence and sends out its decision. In this case, it has been decided that a full court appearance is necessary.

“This is very unusual and both sides need to appoint a barrister.”

Cllr Toni Fagan (Green Party, Birch) said: “I am very grateful to SAVE for challenging this decision. It can’t be right that permitted development allows fabulous buildings like the Old School to be demolished when we should be protecting our heritage and minimising the impact of development on the environment – not squandering embodied carbon.”

Attempts to get the Old School listed as “nationally important” and declared a community asset failed last year.

Despite declining to list it, English Heritage admitted it had “historic interest as an early board school in a remote countryside location”.

Council planning officer Simon Withers accepted in April that the “attractive Victorian stone built, former school house“ was “certainly of sufficient architectural quality to be considered a non-designated heritage asset”, but said they were powerless to deny the demolition application.