COUNCIL chiefs are set to lock horns with a York housebuilder after the construction firm appealed to the Government to reverse a planning decision.

Barratt York has appealed to the Secretary of State for the Environment against City of York Council's decision to turn down its plans to convert the former Burton Croft nursing home.

The Victorian property, in Burton Stone Lane, is the former home of John Bowes Morrell - the founder of the University of York.

Council chiefs threw out Barratt's plans, which would have pulled down the home to make way for 24 modern flats, earlier this year.

York Civic Trust chiefs had criticised the homebuilder's plans saying the house was "far too important to be lost". But the company has now decided to take the issue to a public inquiry.

The inquiry is due to be held at the Friends Meeting House, in Friargate, on September 28 and is expected to last for two days.

But, while a Barratt York spokesman confirmed the company was appealing, he also said a new scheme had been submitted which, it was hoped, would address some of the problems which had meant previous applications were refused.

"We are appealing the refusal of this planning application which was recommended for approval by planning officers," he said.

"In an attempt to avoid the unnecessary time and expense for all parties of a public inquiry, we have submitted a new scheme which we believe addresses all of the issues raised in the previous refusal, and this will hopefully be approved at the earliest possible planning committee."

Peter Brown, of York Civic Trust, said: "We would welcome the public inquiry. It gives an opportunity for all parties to make a reasoned case.

"An inquiry is a completely independent body that will take the decision based upon planning laws and the evidence placed before it. The fact that City of York Council is opposed to the scheme shows an encouraging trend.

"We expect to provide a written statement outlining the reasons for the importance of the building and its context."

A council spokeswoman said: "As the initial planning application was refused, the applicant has a right of appeal.

"They have chosen to use it and a public inquiry will be held on September 28 and 29. We have also received another planning application from the same applicants, using a different design and architects. This is likely to go before the council's east area planning committee in July or August."

Updated: 10:35 Tuesday, June 22, 2004