DARWEN'S new academy could be delayed again as opponents look set to take the long-running battle all the way to the High Court.

The move is a blow to supporters of the scheme and will frustrate the council, which had hoped to start work immediately on the multi-million pound project which received the green light from the Government this month.

Following a public inquiry in June a planning inspector approved the academy, a verdict supported by the government.

But now the 11 remaining residents whose homes are set to be demolished to make way are consulting with lawyers and will bid to challenge the Government's verdict in the courts.

The scheme, which will see the academy be built in the Redearth Triangle, replacing Moorland High School, is already running £14million over its £34million budget due to delays.

Blackburn with Darwen council leader Colin Rigby said: "We served a legal notice on them last Friday, and they have six weeks to appeal.

"They have battled and battled, and they need to ask if enough is enough and think about getting out of there.

"But we will fight it if we need to. We live in a democracy and if people want to challenge it they have a right to do that.

"It just delays once more the academy, which we need to get in there and organised for the kids."

The inquiry in June was into the council's bid to compulsory purchase the site in the Redearth Triangle.

Simon Huggill, who represented opponents of the scheme at the planning inquiry, said two of the residents had been granted legal aid to take the case to court.

He said: "It won't be a re-run of the inquiry - they will look at whether there were legal issues with the secretary of state's verdict.

"They have stuck it out all this time, I can understand they want to see it through all the way.

"Who knows, they might win in the High Court, which would create another set of problems."

A property law expert said the move to challenge the verdict was "highly unusual."

Michael Doupe, of Lancaster University, added: "It will delay it if there are proceedings pending.

"There is a big annoyance in all this from the point of view of the council."