RESIDENTS in Darwen's controversial Redearth Triangle aim to launch a new legal action in a bid to halt plans for a £33million Academy.

The move comes after Blackburn with Darwen Council lodged a second Compulsory Purchase Order (CPO) to clear remaining homes and industrial property in the area.

Earlier this year, a CPO to buy and demolish homes on grounds that they were unfit to live in, was overturned by a government inspector after a public inquiry.

Now the second CPO, which argues that the purchase of the remaining 11 properties is necessary for the greater good of the area as the site is earmarked for the Academy, faces a fresh public inquiry next spring.

But opponents claim to have documents which prove the grounds for the second order were invalid and hope to overturn it at a judicial review in a fresh bid to stop the development, regardless of what happens at the public inquiry.

Residents claim that interim planning permission for the Academy was rushed though because the council claimed there was a deadline of January 2006 to secure government funding for the project.

Simon Huggill, of Sough Road, representing the residents, has an email from the Department or Education and Skills which states there was no time limit for the opening of an Academy. An email to Mr Huggill from the government department states "there was no requirement for planning consent for the proposed Academy to have been obtained prior to a date in early January 2006."

Mr Huggill said: "We are looking to get a judicial review into this CPO. There never was a time restraint. I do not think the council have a strong case."

He claims that as the basis for granting planning permission was flawed, so is the CPO.

After the first CPO was overturned, millionare Rod Aldridge, who is contributing £2million to the cost of the Academy, threatened to pull the plug if the council did not acquire all the land in the Triangle by this month.

He subsequently backed down and under current proposals the Academy is due to open in September 2008 at Darwen Moorland, the school it is earmarked to replace.

A previous injunction brought by the residents prevents any further demolition on the site until a decision is reached.