A mixture of dismay and delight greeted a High Court judge’s decision to back plans for an £18million mosque in Dudley.

Council bosses had pursued the legal action in a last-ditch attempt to block the plans.

They reckoned the courts had “driven a coach and horses through the planning system”, while Muslim leaders stepped out of Birmingham’s Civil Justice Centre grinning after the decision by Mr Justice Wyn Matthews to uphold a government inspector’s decision to grant outline planning permission.

The judge rejected Dudley Council’s appeal against the inspector’s ruling and said that a condition imposed on the development that the site should be open to all members of the community was fair.

The planning inspector had given outline permission on condition that it was “accessible and available to the whole community.”

Barrister Anthony Crean QC, for the council, had branded the condition “absurd” and added it would be impossible to enforce.

But Mr Justice Matthews believed the intention was clearly to ensure that the centre was used by Muslim and non-Muslim groups.

Council leader Councillor Anne Millward told how yesterday’s ruling had left her “very disappointed”.

She said: “It flies in the face of democracy. We felt the inspector’s decision should have been made purely on planning guidelines and this site was designated for employment use.”

Deputy leader Councillor Les Jones said: “I had hoped the court would see sense. It has literally driven a coach and horses through the planning system.”

But Dudley Muslim Association secretary Mushtaq Hussain said after the hearing: “We are very pleased.

“We were confident because the inspector, in reaching his decision, took all the planning issues on board.”