The legal fight to prevent a controversial development opposite Hampton Court Palace has been given a boost.

An application from architect Keith Garner for a protected costs order (PCO) in his battle to prevent the redevelopment of the Jolly Boatman site, next to Hampton Court station, was granted by a trio of judges.

Mr Garner, from Battersea, has applied for a judicial review into Elmbridge Council’s December 2008 decision to give permission to redevelop the site.

His initial case was thrown out by deputy high court judge George Bartlett last December as he said there was no case for a judicial review because Mr Garner had not objected to the 2008 planning application.

And although judge Justice Andrew Nicol agreed in March to a hearing where the question of Mr Garner’s “standing” would be resolved, he denied him a PCO which would limit his exposure to financial penalty - said by his legal team to be up to £60,000 -if he were to lose.

Lord Justice James Munby gave Mr Garner the right to apply for the order and last Thursday at the Royal Courts of Justice the architect was told his maximum exposure, were he to lose, would be £5,000.

The judges - Lord Justice Timothy Lloyd, Lord Justice Stephen Richards and Lord Justice Jeremy Sullivan - also told Elmbridge Council its maximum cost would be £35,000 but ordered the authority to pay £15,000 as it opposed the PCO award.

If the development goes ahead it will include a hotel, residential units, a new care home and a refurbished building at Hampton Court station.

The Royal Star and Garter charity, currently based on Richmond Hill, was due to move in to the new site but has pulled out of the scheme due to the delays.