HIGH Court legal challenges have been launched in a bid to overturn a ruling that would see 130 holiday park residents lose their dream homes.
It comes after a planning inspector upheld East Riding Council's refusal of permission for 76 caravans to continue in use at Lakeminster Park, Woodmansey.
Planning inspector John Braithwaite found there was a breach of planning control, which was "serious and, if not remedied, would set a precedent for similar breaches elsewhere".
Mr Braithwaite, who chaired a public inquiry into the row, upheld a council enforcement notice, which could see the 130 residents lose their homes within 18 months.
Legal moves to challenge the decision in the High Court have now been launched by the park developer Lakeminster Park Limited and one of the holiday park residents.
A spokesman for Lakeminster Park Limited said: "We have applied to the High Court for permission to appeal the enforcement notices.
"We have also appealed to the High Court against the decision of the Planning Inspectorate to refuse to grant planning permission."
Park resident Alan Coates is seeking the High Court's permission to mount a challenge on human rights grounds.
Mr Coates said: "I don't believe the council is right to remove the residents.
"It's not the residents' fault, we are the innocent victims of the situation, this is not of our making.
"We are being forced to pay the penalty, which is the highest penalty you can imagine – not only do we have to leave, we have to take our properties with us. That, in any language, doesn't seem proportionate."
Mr Coates said residents of the site are split over what action to take, with some supporting his legal moves and others backing a separate civil claim.
Gosschalks Solicitors, Hull, is representing about 70 park residents in connection with civil claims relating to the sale of their park homes.
Meanwhile, East Riding Council is taking legal advice over the High Court challenges being mounted by Mr Coates and Lakeminster Park Limited.
The council's head of planning Pete Ashcroft said: "There is not an automatic right to challenge the inspector's decision in the High Court.
"The 'challengers' will initially need to obtain permission from a judge to give them leave to challenge the decision.
"The Planning Inspectorate and the council can seek to resist that challenge. The council is taking legal advice on this matter.
"If leave is granted for the challenge to proceed, the Secretary of State for Communities and Local Government will need to decide if he wishes to defend the Inspector's decision.
"If so, the council would then consider whether to join in to the proceedings and make its own legal submissions."
Last month, the holiday park bosses were slapped with an injunction to stop the sale of any more chalets.
The council applied for the injunction at Hull County Court after being made aware Lakeminster Park was still advertising its accommodation as available to buy.
