A council's decision to revoke planning permission to convert a former NATO minesweeper into a floating home was flawed, it was claimed at a public inquiry.

Fred and Polly Cole have been part of Shoreham's unique houseboat community for many years.

They lived with their sons aboard another historic naval vessel, the motor torpedo boat Luna Sea, until it sank during storms in 2003.

The couple were taken in by neighbours until they bought the German-built Fische as a replacement.

Adur District Council officers recommended they should be given planning permission to move the vessel onto their moorings to replace Luna Sea.

But the couple moved the Fische into its present position in the River Adur estuary on June 13, 2003, ten days before the planning committee met.

Councillors refused permission when they met but three months later approved a revised application from the Coles.

The decision sparked fury among residents of nearby River Close, who claimed the Fische was too big for its mooring and overlooked their homes.

In February last year the council revoked planning permission and issued an enforcement notice, giving the Coles six months to remove the Fische.

The couple appealed and told a planning inquiry earlier this year they had no choice but to move Fische onto her mooring when they did.

Planning inspector Roger Priestly heard the boat had to be moved to take advantage of a high Spring tide.

If they had waited until after the planning committee meeting ten days later it would have been another six months before she could be moved on the next suitable tide.

The inquiry, which was adjourned in January, resumed at Adur Civic Centre in Shoreham yesterday.

Planning consultant Michael Cox said: "The decision to revoke planning permission and issue an enforcement notice was flawed."

Mr Cox, formerly head of planning at Adur, said the Fische did not need planning approval because it was a replacement for Luna Sea.

He said because the vessel floated with the tide it was not a fixed structure.

The Coles had told the inquiry in January their plans for Fische were drawn up on the basis of measurements given to them when they bought her.

They believed her to be 44m long and not the 47m she actually is.

Mr Cox told the inquiry yesterday that her actual size did not matter as long as she fitted within the mooring.

He said this had been accepted by planning committee councillors Sharon Wood and Wendy Grey at a hearing in January.

Coun Grey had accepted then that she could not justify the decision to revoke planning permission or issue the enforcement notice.

Mr Cox said yesterday the committee's decision was based on the views of both councillors, who were the only two who had attended both meetings.

Mr Cox said: "It goes to the whole nub of the actions the council has taken because it is entirely based on the views of these two councillors."

The inquiry was expected to continue today and then be adjourned until April 13, when closing submissions will be heard.