MODEL aircraft enthusiast Michael Parkinson’s legal bid to shoot down a council ban on flying his planes on public land failed to get off the ground yesterday.

A judge gave him 28 days to get his claim against Blackburn with Darwen Council ready for take-off so he could decide the case ‘on its merits’.

The hearing at Burnley Crown Court was the latest twist in the 73-year-old’s battle for Blackburn’s skies first revealed by the Lancashire Telegraph in April.

Then Mr Parkinson was told he faced removal from Pleasington playing fields by police if he flies his model aircraft there.

The dogfight has now been raging for two years.

The Pendle Drive resident remains determined to fly his seven models from the spot where he first took his remote-controlled plane aged 11.

When he returned to the town, Mr Parkinson was refused membership of the Blackburn and District Model Aircraft Club (BDMAC), which organises the sport in the borough, and banned from using the fields by the council in a dispute over who has rights to fly there.

In 2013, Deputy District Judge Keith Parr struck out his claim to fly without rejoining BDMAC on the expectation he would be invited into the club.

Despite this, Mr Parkinson remains banned from the fields and yesterday sought an injunction against the council to overturn the prohibition.

He argued before District Judge Roger Bury the council was breaking the previous agreement and in any case had no legal right to stop him.

Council solicitor Jacques Henriques asked for the case to be struck out claiming Judge Parr had already decided the case.

Judge Bury told Mr Parkinson: “Your claim is so far seriously defective. You have to provide some evidence to get the case off the ground.”

He gave the 73-year-old 28 days to prepare a proper claim so he could ’consider the case on its merits’.

The judge advised Mr Parkinson to employ a solicitor and warned him he risked a legal costs bill of thousands if he failed to win the case.

Mr Parkinson said: “I shall consider the judge’s offer but I intend to fly my planes from Pleasington playing fields whatever happens.”

Borough leisure director Martin Eden said: “It would be inappropriate to comment in detail given the case is currently with the courts. The council’s position is taken in the interests of protecting public safety.”