VILLAGERS are celebrating after winning the right for 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 yesterday the Court of Appeal has allowed its judicial review of the proposed development at the Derry Hill site to go ahead in all areas challenged.

The case could set a precedent when it goes to a full two day hearing before the Administrative Court in Leeds this summer.

MAG spokesman Professor David Rhodes said common sense should have prevailed sooner.

"The decision is brilliant. The facts are the facts. There is a major flooding problem in Menston and there has been for a while."

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

Barratt Homes was given planning permission subject to various conditions, including the submission of a drainage scheme for the development. A proposal was submitted in early 2014 and was approved by Bradford Council last August.

MAG is legally challenging the decision to approve the plans and find the scheme compliant with a drainage condition.

Judicial Review proceedings were issued by law firm Schofield Sweeney in September.

Following a hearing in the Administrative Court in Leeds in January, the group was given permission to proceed with the claim on its second ground - challenging the validity of the procedure Bradford Council used when making its decision.

However, MAG was refused permission to proceed with its primary ground for legal challenge. The group is questioning whether planning conditions required Barratt to put forward a drainage scheme which addressed potential flooding issues around the Derry Hill site, including a flood-prone nearby electricity substation.

Now, Lord Justice Sullivan in the Court of Appeal has reversed the decision of the Leeds court, giving MAG permission to carry on with its challenge on both grounds.

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 and have raised health and safety concerns."