OBJECTORS to a massive housing estate just south of Banbury are jubilant after hearing that a judicial review could be held into the controversial development.

Plans to build 1,070 houses at Bodicote/Bankside are once again in the melting pot, and members of the Cherwell Heights Action Group which has been protesting against the houses since proposals were first announced six years ago now have new hopes the development might not go ahead.

The houses are planned for a site south of Bankside and east of the Oxford Road at Bodicote.

The development would be an extension of Banbury, though most of the houses would be in the parish of Bodicote. Other objectors to the development were neighbouring parish councils, South Northants District Council, and Banbury Town Council.

On February 16 this year, Cherwell District Council's north area planning committee approved an application by builders JJ Gallagher to build the estate.

The planning application could have been "called in" by the Office of Deputy Prime Minister John Prescott, but on March 15, Cherwell Council was given the all-clear.

Mr Prescott's office said there was no conflict with national planning policies and the issue could remain with Cherwell.

Now, Persimmon Homes which wants to develop another site in Banbury has challenged the application and is seeking a judicial review of the decision not to "call-in" the application.

Persimmon was asked to comment but declined to do so.

Action group chairman Bob Madge said: "Our immediate reaction to the news was jubilation.

"For the first time, the scheme could be the subject of an independent examination.

"The council says it has met all proper procedures, but there is no mention of their refusal to respond to human rights objections, no mention of almost 1,000 objections being lost until after councillors voted, or of the council being judge and jury on 20,000 objections to the development.

"So we welcome Persimmon's action in challenging the ODPM's decision.

"If we can help in any way we will be happy to do so. We hope this and the decision on human rights we are waiting for will force the council to go for a less damaging alternative development."

George Reynolds, the council's executive member for development, said: "The council has been progressing the Bankside site with the developers in accordance with all the proper procedures, so that we can provide much-needed affordable housing and the associated infrastructure.

"I am disappointed that yet another attempt has been made to delay the progress of this development and I hope that this legal challenge is resolved as quickly as possible.''