A WOMAN has won her fight to save a four-year-old dream home from council bulldozers, thanks to Human Rights legislation.

Plans for the £190,000 home, on four acres of land on the outskirts of Shildon, were given the go-ahead by Sedgefield Borough Council in 1991.

Due to its out-of-town location, there was a condition imposed that occupants must be working full-time in the Beech Tree Nurseries, which the woman and her husband then ran.

However, because the house was not built until after the nurseries had been closed, the council said they must revive the business or see the home demolished.

However, the council's planning committee has now agreed to vary that condition after hearing that the original condition had not been challenged at the time because the woman could not have foreseen that her marriage would break down and she would suffer a "decline in her personal circumstances".

Agents acting on behalf of the woman suggested the wording of the original application was outdated and applied for permission to vary the condition to include a clause for the occupant to be someone "last working in the nursery garden".

Councillors were also told of an article in the Human Rights Act 1998, which states: "Everyone has the right to respect for his private and family life, his home and his correspondence."

It was agreed eventually that the condition should allow anybody who has a direct link to the past business use of the site to stay in the house.

John Litherland, the council's director of planning, said: "The council has been very sympathetic to the lady's personal circumstances. This looks like it's something that's actually going to relieve her of her current worry."

But, he warned, there could be problems if the house is sold. The home and the land it sits on are up for sale, at £190,000.