A PROPERTY developer is starting judicial review proceedings against Bradford Council after its planning department would not decide on a major student housing scheme.

Planning officers said they would "decline to determine" Daruna Properties' plans to demolish a derelict nightclub, formally Castaways in Great Horton Road, and build a 13 storey development of flats for 263 students with ground floor shops and a student cafe in its place.

Applicant Michael Testler claimed the Council was "determined to obstruct" the plans, and said he would continue to fight it all the way.

The plans were first refused by Bradford Council in 2014 when planning officers said the building would compromise the development of adjoining land, harm the skyline of that area of the city centre, which also includes the Alhambra Theatre, and that students living in the flats would suffer from noise from the neighbouring Love Apple nightclub.

A planning appeal was lodged, and although a Government planning inspector dismissed two of the Council's reasons for refusal, it was agreed it was wrong to build student flats next to a nightclub.

Since the unsuccessful appeal, Daruna Properties has bought the lease on the Love Apple and closed the club. It hoped this would lead to its next application, a near identical scheme to the one submitted in 2014, finding favour with the Council.

But John Eyles, the Council's major developments manager, said: "The Council decided that there was no real change to the planning application that was previously refused in April 2014, a decision which was supported by a planning inspector, on appeal, in April this year.

"Planning rules allow a Council to decide that they will not consider a further application once their decision has been upheld on appeal where the planning circumstances have not changed. The application has therefore been returned without further consideration."

The Council also recently refused an application for the developers to demolish the existing nightclub building, saying firm plans for the site were needed before existing buildings could be demolished.

Mr Testler said: "This has been a very long running saga, and the property has been vacant for the past ten years. Despite extensive marketing there has been no interest in it. The building is badly vandalised, so much so that last time we had security there they found people in, stripping out the inside.

"The main reason the inspector refused the plans were because of the neighbouring Love Apple nightclub, which we have since bought the lease for and closed it as a club."

He said the terms of the lease meant it could be renewed and the company hold on to the building until at least 2023.

Mr Testler added: "It does seem from the very outset like the Council has been determined to obstruct this development. We have people queuing up to be partners in this development. Because they are declining to consider this application we cannot appeal. But we do have the option to seek a judicial review, and I have instructed my solicitors to do just that. We will argue this case in court if necessary."

He said if the company was to reduce the size of the current scheme, it would no longer be sustainable.