Developers wanting to build a mini-housing estate are lining up for a battle with Bradford Council.
Persimmon Homes is seeking a public inquiry after being told it must improve sewerage systems in Gilstead, near Bingley, if 66 new homes are to be built in the village.
It wants the sewerage condition removed - and is now demanding a public inquiry after claiming the Council failed to respond to its request in time.
Persimmon Homes (West Yorkshire Ltd) was last year given the go-ahead by the Shipley Area Planning Panel to build the mini-estate at the former Yorkshire Water site off Warren Lane.
The condition to improve the sewerage system was introduced after protesters said they feared the new estate would overload the present sewage system
But in May, the developers submitted an almost identical application calling for the condition to be deleted.
And because the application was not dealt with within the appropriate time of eight weeks the company has appealed against the Council's failure to give a decision.
Protester Penny Ward, a member of the Aire Valley Conservation Society, said it was vital the sewage system was improved to cope with the new residents.
Councillor David Heseltine (Cons, Bingley) said: "All along we have supported the residents against this development on land which was released for housing under the last administration's Unitary Development Plan."
Richard Smith, land director at Persimmon, said another application for the site was submitted in July which also requested the condition was removed.
Planning officer Annette Middlemass said: "The company has requested the removal of the condition requiring improvements to be made to part of the sewer network which will serve these new homes.
"Unfortunately, we have not been able to reach a decision about Persimmon's request within the required eight weeks. This means the company is entitled to take its application to an appeal hearing. public inquiry
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