A High Court judgement over a decision by a planning inspector to allow new homes to be built in Southbourne is awaited by the council.
Chichester District Council refused planning permission for 34 homes east of Breach Avenue last year.
However, a Government-appointed planning inspector overturned that decision back in November at appeal, as he ruled the council could not demonstrate a five-year supply of deliverable housing land.
This followed another appeal decision which went against the council in August 2017 for 100 homes at the corner of Oving Road with the A27.
A council spokesman confirmed this week its challenge was heard in the High Court in early June and it is still waiting for the judgement.