REGENERATION plans for a Wirral seaside town hang in the balance after a key part of the project was threatened with legal action.
A group of residents is bidding to block proposals for a new spa and health centre at the heart of commercial development works on New Brighton promenade.
The project has been no stranger to controversy, with widespread public outcry over previous plans for the town’s Marine Lake forcing planners into a rethink.
Outline planning permission has been granted and lead developers Neptune had hoped to see the scheme given a clear run, but this latest dispute is set to bring further disarray.
Members of the Wellington Road Conservation Area Committee say plans by Wirral Council to build the new leisure facility will seriously impact on the sea views of a conservation area. They say that 75 years ago the local authority agreed covenants to restrict future development of land in New Brighton.
Lawyers at Kirwans Solicitors, who are acting for the group, have warned they may seek an injunction on future building work as they seek to uphold a 1933 agreement that saw a stretch of land given to the local authority in return for a binding agreement that the land could not be used for unsuitable purposes, including any obstruction of sea views.
Simon Lomas, of the Wellington Road Conservation Area Committee, said: “The intention was to keep the land for outdoor public recreation. Our voices must be heard on this issue and we will fight these proposals within the full spectrum of the law.
“The council cannot choose to ignore a standing agreement and ride roughshod over residents.”
John Tuson, a partner of Kirwans Solicitors, said: “The 1930s’ title deeds appear to have been intended to prohibit the construction of any building that would have a detrimental effect on the attractiveness of these properties and the current residents have every right to try and enforce that agreement.
“No matter how well intentioned the proposed development may be, those responsible should not ignore the rights of residents, especially if an aspect of the development detracts from a part of the town which has earned conservation area status.”