VILLAGERS are celebrating after winning the right to go ahead with a ground-breaking judicial review over plans to build 176 houses on fields in Menston.

Lawyers acting on behalf of Menston Action Group (MAG) announced on Tuesday that the Court of Appeal has allowed their judicial review of the proposed development at the Derry Hill site to proceed on all grounds of challenge.

It is believed the case could make new law when it goes to a full two day hearing before the Administrative Court in Leeds this summer.

MAG, formed in 2010 to represent the residents of Menston, is objecting to Barratt Homes’ proposals to build the houses.

Barratt was given permission subject to conditions, including a requirement to submit a drainage scheme for the development based upon sustainable drainage principles. A scheme was submitted in early 2014 and was approved by Bradford Council last August.

MAG is legally challenging the decision to approve Barratt’s plans and find the scheme compliant with a drainage condition. Judicial Review proceedings were issued by law firm Schofield Sweeney in September.

Following a full day hearing in the Administrative Court in Leeds in January, with David Wolfe QC appearing for MAG, the group were given permission to proceed with the claim on their second ground, challenging the validity of the procedure adopted by Bradford Council when making their decision.

However, MAG was refused permission to proceed with its primary ground over the wider issue of sustainable drainage. MAG appealed the refusal and the Rt Hon Lord Justice Sullivan in the Court of Appeal reversed the decision of the Leeds’ Court, giving MAG permission to proceed with their challenge on both grounds. It is believed that any substantive judgment on this issue will be ground-breaking and make new law.

Schofield Sweeney partner, Alistair Kennedy, is leading a team of litigation lawyers.

He said: “This is a fantastic result for MAG and the residents of Menston, who are desperately worried that the proposed development at Derry Hill will make flooding in Menston much worse. MAG also have very serious concerns about ongoing flooding of the electricity substation adjacent to the Derry Hill site.

“For the Court of Appeal to acknowledge the wider importance of this challenge and give MAG the opportunity to bring all of their concerns before a full hearing of the Administrative Court is very encouraging. Bradford Council and Barratt Homes are working hard to prop up the council’s decision and defeat MAG’s claim, but this is the second recent success for MAG and we believe that the writing is on the wall.”

Professor David Rhodes, a Menston Action Group spokesman, who lives in West Winds, Menston, said: “The decision is brilliant.”

More than £100,000 has been raised towards legal costs.