CAMPAIGNERS in Menston are vowing to fight on after losing the latest legal challenge against a 173-home development.

Bradford Council has already granted planning permission for the Barratt Homes scheme to proceed at Derry Hill, despite local concerns it could increase flooding.

Menston Action Group (MAG) had applied for a judicial review to scrutinise the sustainable drainage principles the authority had approved for the site.

That review request was rejected by Mrs Justice Patterson at the High Court in August, 2015, but MAG was then allowed to contest the decision.

The case was considered by the Court of Appeal in July and last week the court announced it had backed Mrs Justice Patterson's decision and dismissed MAG's challenge.

Alan Elsegood, a former chairman of Menston Community Association and action group supporter, said he was "disappointed but not dispirited".

He said: "The court focused its attention of the meaning of the expression 'based on sustainable drainage principles', which is part of the conditions Bradford Council has placed upon the intending developer.

"The court concluded this did not compel the council to impose a requirement upon a developer to submit or implement a drainage scheme, which went beyond the boundaries of the site.

"It is a matter of regret that all these legal proceedings have been concentrated, as they have to be, on procedural matters and legal interpretations, and not the facts. It remains a fact the Derry Hill site floods (not from river water), and such flooding overwhelms the drainage capacity of Menston.

"MAG will continue to illustrate how and why this flooding occurs and draw the facts to the attention of Bradford Council, the developer and Yorkshire Water, and will not withdraw its opposition to proposals for development on this key piece of green land above the village of Menston."

He added: "I'm hoping that, despite this setback, the residents of Menston will continue to contribute financially and in terms of their energy and motivation, so we can drive on to ultimately rescuing our village from the council planners and developers.

"If they were proposing development of appropriate housing – such as bungalows and flats to help older residents downsize and free up larger 'family' housing – and on suitable sites, we wouldn’t be digging our heels in and putting our hands, continually, into our pockets to fund legal action."