EVERY member of a council's planning committee has been served with a writ by residents battling to stop a block of mock Tudor flats being built near their homes.

The move is the latest shot in a continuing battle by the Blackburn Meins Road Area Residents' Association, whose members have already splashed out around £40,000 on hiring a team of experts to fight their case.

But Blackburn Council planning and highways committee will meet on Thursday with a recommendation from officers to approve plans by Kendal-based Crowther homes Ltd for the development on the site for the former Heathfield School.

A geologist's report commissioned by the group says neighbouring homes could suffer because the land is unsuitable for the type of foundations needed for such a large apartment block.

The writs draw attention to a Department of the Environment circular which says planning authorities must take all material considerations into account, including ground stability. They warn that residents will seek redress "to the fullest extent of the law" if councillors grant permission without first obtaining the fullest information establishing the safety of the site and surrounding area, and there is later water seepage, flooding, land movement and any consequential damage to people, land or outbuildings.

However, a report to the committee tells councillors that responsibility for determining whether land is suitable "rests primarily with the developer".

Association chairman Michael Saulet said two coaches had been hired to take protesters to the meeting. And if the plans are passed, residents will be seeking a Judicial Review.

He stressed that residents had no objection in principle to residential development on the land, but wanted to see houses there rather than a large apartment block.

Mr Saulet added: "The council is going against its own draft local plan which has so far cost around £500,000 of taxpayers' money."

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