A Brighouse hotel faced with tearing down a huge extension has won a court battle - and now claims it will seek damages from the council.
The High Court in London ruled in favour of the Casa Hotel, after Calderdale Council claimed they built the extension without planning permission and should tear it down.
The three-storey extension at the centre of the row included a new function suite for the hotel in Elland Road.
The original demolition order was made in September after planning inspector Ahsan Ghafoor ruled in favour of the council after a four-day planning inquiry.
He gave Casa nine months to pull down the function suite.
Mr Ghafoor told the hearing in Halifax at the time: “The development is unlawful and the extension has been built without the benefit of planning permission.”
But now this decision has been overturned after a High Court hearing.
See inside the extension
Casa’s owner Jack McDaid said the ruling was a victory for the hotel, and that they planned to seek damages from Calderdale.
He said: “We won our appeal. The plan was and always is existent.
“We did receive lawful planning permission in 2009 which we enacted.
“Calderdale Council suggested that we did not have that permission.
“The High Court ruled in our favour after the barrister conceded that planning permission was examined and found to be in place.”
Mr McDaid added: “I have given Calderdale Council a notice of claim for every single piece of damage to my piece of property and my business.”
The Elland Road hotel was extended with the three-story function suite by Castelite Ltd., Casa’s parent company.
They claim the extension has generated 38 full-time and 50 part-time jobs for the area.
A spokesperson for Calderdale Council said: “The appeals decisions have been quashed by the High Court rather than reversed, and as such they will now be re-determined by the Planning Inspectorate.
“The council remains of the view that it has a very strong case, and as such we will continue to robustly defend our position.
“The council is not aware of any legal proceedings being filed against it by Mr McDaid.”
It is good news for the Casa, who were left with a huge bill last December after a balcony collapse.
A judge imposed fines and costs totalling more than £100,000 after an unsafe balcony suffered a “catastrophic failure” and crashed to the ground in 2013, causing life-changing injuries to four women.
The group had gone to the Casa Hotel in Brighouse because the hotel was going to offer a room as a lot in a charity auction for a school.