The decision to reject plans for housing at Ferrygate has been overturned by the Court of Session, following an appeal by developers Miller Homes.

The news has been met with anger by the community, where there had been strong objections to the application, for an area on the western edge of the town.

The application will now be reconsidered by a Scottish Government-appointed reporter.

In April 2013, East Lothian Council’s planning committee turned down Miller Homes’ plans for 140 homes on the western edge of the town, but that decision has now been rejected.

A reporter appointed by the Scottish Government rejected the appeal from Miller Homes in October 2013, but a second appeal was lodged by the company, and that has now resulted in the original decision being overturned.

Judges at the Court of Session heard that the reporter had refused the original application after finding that the proposed development did not minimise loss of agricultural land and so infringed on Scottish Planning Policy and the East Lothian Local Plan.

Delivering the decision, Lord Eassie said: “We have come to the view that the reporter’s conclusion respecting the agricultural land issue is vitiated by an error of law.

“That conclusion formed an important part of his ultimate decision that the appeal should be refused. We therefore consider that on this issue alone the appeal succeeds and that the decision falls to be quashed.” Sheila Sinclair, chair of North Berwick Community Council – which opposed the application – told the Courier: “It is really disappointing that the decision to disallow a planning application at Ferrygate has been overturned, given the amount of local opposition to the scheme and the amount of housing expansion already planned for the town.” While ward councillor Jim Goodfellow said: “It is very disappointing for the local community that there is still no final position on the planning committee’s decisions to refuse this major housing application, which is contrary to the terms of our local plan.

“The decision of developers to pursue appeals in this circumstance flies in the face of local democracy.

“In the particular case of Ferrygate, I hope the new reporter appointed to consider the appeal will take into account the strength of local opinion against any further housing development to the west of the town.” A spokesman for Miller Homes said: “We are pleased with the outcome of the Court of Session’s case.”