AN emergency "war council" is preparing to face a final all-out attack over land at Higher Spen Moor.

Landowners have lodged a last-minute High Court challenge over Bury Council's insistence that it be in the Green Belt.

But the council has already admitted it does not have money set aside to defend the site, which could cost £250,000 in legal fees.

It is D-Day for councillors, who have to decide whether to spend taxpayers' money in defending the land, or anger local residents by surrendering.

The war over Spen Moor, south of Bolton Road between Bury and Radcliffe, has lasted more than ten years.

Bury planners wanted the site designated as green belt in their Unitary Development Plan (UDP), which they say would help stop urban sprawl.

But after a long public inquiry in 1994, the UDP inspector refused this, saying it should be designated "other protected open land" instead.

The council refused to accept his ruling and Peel Holdings, who own the ten-hectare site, have fought the council all the way.

Their High Court challenge is on the grounds that the council should have accepted the inspector's recommendations.

Peel's legal challenge is the only one received by council planners, and came just before the deadline. It means final publication of the UDP, which has already cost the borough £200,000, is further delayed.

Coun Julie Higson, chairman of development services, said: "It is a pity the council is being challenged over a decision which we feel is in the interest of the borough and most certainly reflects the views of local residents."

Coun Higson added: "Council tax payers' money is potentially being taken up in High Court litigation. We will have to think through our options carefully to make sure we do the best thing for the borough as a whole."

An emergency sub-committee will meet within days to decide strategy.

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