CAMPAIGNERS have cracked open the champagne after a High Court ruling which could lead to the demolition of a controversial housing development.

The Woodside Estate and Chesham Bois Residents Committee is celebrating after the judge threw out an application by Banner New Homes 4 plc to overturn the residents' restricted covenants.

The covenants threaten the future of the company's 11-home development on land behind Woodside Avenue, Chesham Bois, because they state no extra houses can be built on the site.

Eight of the homes have already been built.

Gerald Moran, solicitor for the residents, said the houses could be pulled down after a full trial later this year.

He added: "Judge Rich said it was conceivable that a judge could order the houses to be pulled down if Banner lose the trial. We do not yet know if we would ask for that to happen."

Banner New Homes 4 plc took the residents to court because it claimed the covenants stated two houses could be built on each plot of land.

On Friday, after the two-day case, Judge Rich QC found that no extra houses can be built on the site.

Banner New Homes 4 plc has 14 days to appeal.

If the full trial in the High Court finds the houses are in breach of the covenants, they may be pulled down.

Mimi Harker, chairman of the Woodside Estate and Chesham Bois Residents Committee, said: "I couldn't believe it when the judge said that the covenants still stood. We have all worked so hard to come to this point. It's so fantastic. Somebody who is not involved has finally seen what we have been protesting about all this time. We opened the champagne as soon as we got home."

The residents unearthed the covenants last year after Banner New Homes 4 plc announced plans for the development.

Mrs Harker said: "The validity of the covenants has been proved and that is the basis of our case."

Banner New Homes 4 plc refused to comment.

Picture shows Mimi Harker

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