AN ACTION group which has fought unsuccessfully against plans for 173 new homes on a green field site in Menston is now planning legal action against Bradford Council.

Menston Action Group met on Tuesday evening for an update on the long-running wrangle over plans to put new homes on a green field site at Derry Hill and announced a judicial review against the local authority.

Bradford Council granted planning permission for the development this year, despite fierce local opposition to the scheme.

According to MAG, the judicial review is over "neglect and/or abuse of due process on drainage issues on the proposed development of 179 dwellings on green fields at Derry Hill".

The group believe they are the first in the country to take such action against a planning decision.

They held a Neighbourood Forum Meeting on Tuesday evening at Kirklands Community Centre where Professor of Engineering David Rhodes addressed an audience of around 120 people. That is the maximum capacity of the centre and MAG will be sending a newsletter with full details of developments to all homes in the area in the near future.

A MAG spokesman said: “Action taken against BMDC is to protect our community from a flooding and drainage issue which, after huge cost and expert advice, clearly shows that if the developments go ahead, flooding and drainage - which we have experienced historically - will get worse. "So far, local knowledge and material evidence which has been amassed over the years has been forwarded to BMDC but appears to have been ignored.”

The Chairman and President of Menston Action Group, Philip Moore and Graham Booth, along with two ex-Chairmen of the Menston Community Association, Alan Elsegood and Steve Ellams, attended the meeting and were united in the opinion that the community can win this Judicial Review.

In addition MAG’s legal team have written to the city solicitor offering to fund all the costs of an appointment of an independent consultant with expertise in “hydrology” to investigate the issue of groundwater emergence on the Bingley Road site and report directly to the Regulatory and Appeals Committee.

With the benefit of that report the R&A Committee will be able to make an informed decision; which MAG will respect.

Donations will be required to continue the legal challenges ahead and prove once and for all that the Menston community is justified in its stand against inappropriate development.

The Judicial Review means the planning process will be subject to investigation by a judge, independently of Bradford Council and the developers.

MAG believe Menston is the first community in the UK to progress to this stage of planning review.

A Bradford Council spokesperson said: "Planning permission was granted for a residential development of 173 properties on land at Derry Hill, Menston on 23 October 2013. The application had also been considered by the Council's Regulatory and Appeals Committee.

"The applicants then submitted full details of drainage proposals as required by one of the planning conditions. These proposals followed extensive consultation with relevant drainage experts and were approved by the Council in August this year.

"Menston Action Group have now made a legal challenge to the Council's decision to approve these drainage proposals. In response to this the Council have appointed a planning barrister and his advice is awaited before any further action is taken on this matter."