A council failed to properly consider whether a new four-storey hotel opposite Hampton Court Palace would harm the setting of the historic building, a court has heard.

Campaigners opposed to developer Gladedale’s controversial plans for the Jolly Boatman site launched a new legal challenge in the Court of Appeal on Thursday, June 23.

Mr Justice Ouseley ruled in January that Elmbridge Council acted lawfully when it granted Gladedale planning permission to build a 46 bedroom hotel, 66 houses and a care home next to the grade I listed historic landmark.

But, Richard Drabble QC, representing architect and campaigner Keith Garner, argued that the authority failed to properly explain why it believed the proposed development would not harm the setting of the palace.

He said the council left out important reasoning in its report, leaving a “lurking doubt” that its decision could have been unlawful.

He said: “The palace is a scheduled ancient monument and recognised as being of international importance. The proposed development is extremely controversial because of its impact on the setting.

“My client and Historical Royal Palace, which is responsible for the palace, take the view that the development will have a severely detrimental impact on the setting of the palace.

“If there ever was a case where the public are entitled to be satisfied that the appropriate legal protection for the building and its ground has been properly and rigorously applied, then this is it.”

Historian David Starkey has described Gladedale’s plans as “an international scandal”.

Simon Bird QC, representing Elmbridge Council, said the authority’s report showed that it “demonstrably discharged” its legal duty to consider preserving the setting of a listed building.

The hearing continues.