CAMPAIGNERS fighting Bradford Council's backing of major housing developments in Menston face fresh uncertainty after the first stage of a High Court legal battle began today.

Menston Action Group appeared at the High Court in Leeds to ask for a full judicial review over Bradford Council's handling of plans for a 179-home housing development on green fields at Derry Hill.

The group enlisted a barrister to present details of the case on their behalf and barristers also appeared to represent Bradford Council and the developers.

Although the hearing was expected to last half a day, it took the full day but the judge announced he would make a reserved judgement, with an expectation that decision will be released later this week or possibly early next week.

MAG believes the decision to approve the scheme ignored specific flood problems and it is opposed to schemes for homes on fields at both Derry Hill and Bingley Road.

It is believed MAG is the first group in the country to take such action in opposition to a planning decision and it has spent more than £200,000 on their campaign.

MAG spokesman Alan Elsegood said: "The hearing dragged on longer than we expected but the judge has reserved a decision.

"I just don't know what his view of the opposing claims was, it was impossible to tell.

"It was a hearing only on procedural issues, not the substantive issues.

"What a pity the judge cannot decide to get on a train for a look at the site and to say 'I see what you mean'. We can only remain hopeful.

"In the circumstances, the three barristers had plenty of time and our barrister had a final opportunity to respond to the positions of the other two.

"There were 19 of us representing Menston Community Association in court. As far as we are concerned, we feel so outraged at the procedural breaches and the travesty of fairness in determining these issues that we will not give up as long as we can fund further progress," he said.

In December, the Telegraph & Argus reported how an independent report on flooding issues surrounding the two greenfield developments at Menston had confirmed the fears of campaigners fighting to overturn planning decisions.

The review of flooding problems in the area by leading expert Dr Duncan Reed was commissioned by members of Bradford Council's Regulatory and Appeals committee, which decided to seek clarification when it met in October.

Dr Reed highlighted two significant issues, particularly the unique landscape surrounding Menston and the impact on underground water levels caused by closure of the old High Royds Hospital.

Water which had been removed to meet the hospital's needs was now unused.

In Dr Reed's opinion, Barratt Homes, which wants to build homes on the Derry Hill site and Taylor Wimpey, which wants to put 134 properties beside Bingley Road, have not been specific enough in their approach.

"The developers have relied on generalised methods of flood estimation that are widely but wrongly applied to such sites," he wrote in the opening to his report.

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