COUNCIL legal teams are poring over a planning objection which could see them hauled before the European Court.
A legal team from Kirklees Council has been examining the implications of the planning objection by Golcar resident Dr David Hill.
Dr Hill, who is the chief executive of the global World Innovation Foundation, has complained about council plans to build houses at the Greenway end of Coombe Road in Golcar.
The council has submitted an application for outline planning permission for housing to its own planning department.
But Dr Hill, whose organisation boasts more than a dozen Nobel Prize-winning scientists around the world as consultants, said it was a "dire situation".
And he says the development would go against the European Convention of Human Rights.
He says the development breaches European guidelines on two counts: the right to peaceful enjoyment of possessions and protection of property and also the right to respect for private, family life, home and correspondence.
Dr Hill said: "Under the 1998 Human Rights Act it is unlawful for a public authority to act in a way that is incompatible with a person's rights under the convention.
"All councillors have therefore a duty of care in respect to individual rights, and particularly under the convention.
"By law, councillors must not fetter their discretion and so must, if they feel appropriate, depart from the recommendation of the planning officer."
Dr Hill said a previous sell-off in the area coupled with the latest proposals would bring an "unacceptable upheaval" to Coombe Road residents.
He added that in cases of "wilful misconduct" councillors could be made personally liable for costs.
Officers have recommended conditional approval for the plans.
The final decision will be made at a planning meeting on Thursday.