His solicitor Nick Makin said: "Mr Justice Curtis has granted permission for Tony Martin to appeal against his conviction for unlawful wounding and refused permission in respect of the murder charge.
Norfolk farmer Tony Martin, who shot dead Fred Barras, 16, after he broke into his isolated farmhouse, was also convicted of wounding another burglar on the same night.
Interviewed by telephone from prison in Leicestershire by ITV's Tonight With Trevor MacDonald programme, Martin was asked if he would react the same way again.
He said: "If you were there, in that situation that night, with that kind of terror, you're going to have to do something to protect yourself.
"You cannot protect yourself on your own just by hands."
His solicitor Nick Makin said: "Mr Justice Curtis has granted permission for Tony Martin to appeal against his conviction for unlawful wounding and refused permission in respect of the murder charge.
"This is not at all unusual and the defence will now renew its application and an appeal will be made to the Court of Appeal on all grounds.
"We do not know when the appeal will be heard but hope it will be soon."
During his summing up Mr Justice Owen told the jury if they had any doubt that Martin was guilty they should find him guilty.
Mr Makin has always said this "significant misdirection by the trial judge" opened the way for an appeal.
Martin's legal team has also been buoyed by what they say is a statement by the Lord Chief Justice, Lord Woolf, that Martin should be considered for release within eight years.
Mr Makin has revealed that Lord Woolf believes that "mitigating circumstances" mean Martin should be considered for release in eight years' time.
Mr Justice Owen recommended Martin serve a minimum sentence of nine years in a report to Home Secretary Jack Straw.
His sentence provoked much public debate about the level of force acceptable in tackling burglars.