Judicial review on cards if homes plans are approved (From Ilkley Gazette)

Judicial review on cards if homes plans are approved

11:00am Saturday 11th August 2012 in Local news By Jonathan Redhead, Ilkley/Otley Reporter

Campaigners have confirmed they will seek a judicial review if plans for 300 new homes in their village are fully approved.

Proposals by developers Barratt Homes for 174 new houses at Derry Hill in Menston and by Taylor Wimpey for up to 135 homes in Bingley Road in the village have been granted planning permission, subject to Section 106 agreements being drawn up with Bradford Council, Discussions are ongoing about the agreements, which cover issues such as highways, recreational facilities, education, health and affordable housing, to make it acceptable in planning terms.

But now members of Menston Action Group (MAG), which objects to both schemes, have said they will turn to the courts if full permission is eventually granted.

MAG has been objecting to the proposals since they were first submitted to the council in September 2010, and were left devastated in February, when the council’s Shipley area planning panel decided to permit development on both sites subject to conditions.

However, a statement on the group’s website revealed it wants a judicial review on the processes carried out by the council through-out the application, and evidence presented by the two developers.

It reads: “Planning permission has not been officially granted as the conditions have not yet been agreed.

“As soon as permission is granted, we will immediately request a judicial review of the whole plan-ning procedure undertaken by Bradford Council and the evidence presented by the developers in respect of both Derry Hill and Bingley Road.”

Meanwhile, MAG says it is also confident of success in a public inquiry for village green status for Derry Hill, which starts on Monday at the Kirklands Community Centre.

In order for this to be granted, an applicant has to prove a site has been used by residents for two decades for recreation, sports and games. But MAG believes it has a good chance of proving its case to an independent inspector at the inquiry.

Its website states: “We have instr-ucted a barrister experienced in these matters to conduct our case.

“Legal opinion is that, with the photographic and witness evidence that these fields have been used ‘as of right’ by Menston residents for more than 20 years, we have a very strong case and excellent prospects of success.”

The Commons Act 2006 states land can be registered as a town or village green where “a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years”.