Wilshire Council ‘could be forced to pay out millions’ after a High Court ruling judged that a solar farm built at Broughton Gifford was done so with unlawful planning permission.

The planning permission was quashed after a successful challenge was brought by Daniel Gerber, owner of the nearby Grade II listed Gifford Hall, who claimed he only became aware of the development when the photovoltaic arrays were being installed.

He also argued the council had failed to consult conservation body English Heritage before granting permission which one of the country’s top judges, Mr Justice Dove, agreed with.

The possible dismantling of the site, which began operating in June 2014 after being installed at a cost of £10.5million, and possible legal ramifications could run into the millions, according to Melksham Without North councillor Terry Chivers.

Cllr Chivers, who strongly opposed the construction of the solar farm, said: “When I was elected back on to the council I really was horrified that this had been given planning permission, the plans were given delegated powers so were passed through without going to a committee.

“I spoke to residents at the time and most of them weren’t even aware this was going to be built at the foot of their gardens but the council had a duty to consult people.

“It’s just a total mess and somebody has to answer for it.”

Cllr Chivers is concerned that owners of the solar farm, Norrington Solar Farm Limited and Terraform Power, could also have grounds to sue the council.

“The owners built the solar farm in good faith after the planning permission was approved, do they have a claim against the council? I dread to think,” he said.

“The next move that is very likely, so I’m led to believe, is the council will take it to the Court of Appeal in the next 21 days but then this could take between two to 12 months to be resolved.

“At the moment we’re not sure on costs, but it could cost millions.”

Norrington Solar Farm Limited and Terraform Power estimate that restoration of the site would cost £1.5 million, with only an ‘uncertain’ second hand market for the panels.