The council asked Mr Justice Sullivan to quash the decision of a government planning inspector in February to grant planning permission for development of land at the junction of Cumberland Place and Granby Hill, Clifton. However, the judge has dismissed the application and will give his reasons later.
It claimed that it received an application to register the land as a town green in 2002, but that this issue was not determined prior to the planning application by developers Edward Ware Urban Renewal Ltd.
The council failed to determine the planning application in time, and so Edward Ware appealed to the ODPM.
One of its planning inspectors granted planning permission for residential development and use of an adjoining area of land as public open space in February.
The council challenged that decision, claiming that the inspector failed properly to apply government planning policy guidance on public open spaces, the effect of which was a presumption that open space should not be developed until the need for it has been disproved through a proper assessment.
STRAND NEWS SERVICE