CONTROVERSIAL plans to develop a disused school and playing fields have been given the all clear despite objections from a campaign group.

Proposals to build 93 houses at the site of the former St Aubyn’s School, on the east side of the High Street in Rottingdean, were granted permission by Brighton and Hove City Council in February.

But Safe Rottingdean Ltd, a community group wanting to conserve the area, so they opposed the plans on three separate grounds and sought a judicial review.

It said it had been “misled” by the council’s officer’s report.

The group said developers failed to inform them of the “ impact on designated heritage assets”, breached policies of the Brighton and Hove Local Plan 2005 and “ failed to apply part of the Planning and Compulsory Purchase Act 2004 which requires decisions to be made in accordance with the development plan unless material considerations indicate otherwise”.

The matter was brought before High Court Judge Sir Duncan Ouseley earlier this month, but all three claims were dismissed on October 8.

The judge recognised that the development “would cause clear harm to the setting of the Conservation Area” as it would reduce Rottingdean’s “green lung” - the area between the Conservation Area and the town itself.

But he said the closure of the school in 2013 had left “substantial listed buildings, adjoining the High Street, in the Rottingdean Conservation Area, unused and unmaintained”.

This was part of his reason for approving the plans.

He also said the new development “would provide a very clear enhancement to the appearance and character of the conservation area over the existing ad-hoc collection of poor quality late 20th century buildings” and was “entirely sympathetic to the Conservation Area”.

Weighing up the benefits of the scheme against possible harm it would cause, Judge Ouseley said the development would have “a significant public benefit which would satisfactorily offset the loss of the existing community facility and the private school”.

The judge concluded that the application for judicial review was dismissed.

The school, which closed in 2013, is a Grade II listed building and the development by Fairfax Acquisitions Ltd would take place within the Rottingdean Conservation Area - a protected area of land.

A spokesman for Brighton and Hove City Council said: “The scheme delivered significant public benefits.

“These included refurbishment and safeguarding of the main listed school building as well as other important ancillary buildings including the listed chapel and sympathetic redevelopment of the school campus site including removal of unsightly modern buildings which would enhance the Rottingdean Conservation Area.

“It would also provide the delivery of 93 new homes, 40 per cent of which would be affordable, and the opening up of the retained former private school playing field to the public in perpetuity.”