Controversial plans to bring an academy to Darwen have moved a step closer after a High Court victory.

However, the plan to build the £33million business-backed super- school, scheduled to open in 2008, has still to overcome another legal hurdle before council chiefs can start the work.

Yesterday at London's High Court, Justice Forbes backed a claim by Blackburn with Darwen Council that objector, Redearth Triangle resident Adrian Walker had failed to serve proceedings to challenge the latest compulsory purchase order (CPO) within strict time limits.

Justice Forbes said: "I am satisfied that this is not a case where it is appropriate to exercise my discretion to extend time for service of the proceedings. I am satisfied that the application to strike out succeeds, and therefore the order that I make is that the claim form is to be struck out."

The council successfully argued that Mr Walker's claim form was served on it on the last working day before Christmas, 22 days outside the maximum six-week complaint period from the publication of the confirm-ation of the CPO on October 19, 2006.

But the council still faces a further legal fight. Last November, Mr Walker also won the go-ahead to bring a full High Court challenge to the council's decision to demolish half of the 150-plus properties ear-marked to make way for the academy.

This came after the government inspector stripped the council of the CPO which would have given it the power to buy up and demolish the remaining 11 privately-held homes in Darwen's Redearth Road triangle.

The council later issued a second CPO and argues that the purchase of the remaining 11 properties is necessary for the greater good of the area. That hearing has yet to be scheduled.