A campaigner has ended his legal bid to stop controversial safety works to Butterley Spillway.

And work on the massive scheme at the moorland reservoir is now likely to start early next year.

Retired engineer Colin Anderson said that he had “decided not to pursue” an appeal to stop Yorkshire Water after his previous legal challenge was defeated in October.

Mr Anderson previously said he was considering appealing the decision given by a high court judge in Leeds to let Yorkshire Water go ahead with the work, which would involve concreting over parts of the historic Marsden structure and the reconstructing of the cascade to prevent flooding risks.

There, Mr Anderson claimed a planning inspector who granted Yorkshire Water permission in January had acted unfairly in refusing him permission to outline alternative work for the reservoir overflow at a public inquiry.

But Mr Anderson said that he would not stop his fight to save the stone spillway.

He said: “I’ve decided not to pursue the legal route further.

“I would have had to have taken my case to the court of appeal, which could have been a lengthy process with difficult to assess costs and I can’t afford to raise any more funds”.

“However, I’m pursuing other avenues which I think will satisfy Yorkshire Water’s safety concerns while protecting the spillway’s heritage.

“I’m not able to go into detail about them just yet”.

Now, Yorkshire Water has submitted evidence to back up its plans for the spillway to Kirklees Council.

It is seeking a discharge of planning conditions, which includes plans to use more stone in the new plans rather than concrete and to stain concrete to blend with the stone.

A Yorkshire Water spokesperson said: “We have started carrying out small-scale investigatory activity at the site. Pending no further legal challenge and successfully discharging planning conditions, works will then begin in February next year to start increasing access roads in order for us to safely transport plant and materials to the spillway.

“Once this phase is completed, the actual spillway construction works is scheduled for May”.