A CONTROVERSIAL regeneration scheme in New Brighton has been threatened with legal action based on a 75-year-old covenant.
The £75m redevelopment of New Brighton by Neptune Developments has a long history of clashes with part of the community.
Following a public inquiry in 2006 which saw the developers lose out, the regeneration plan appeared to have been reborn with a revamped scheme.
However, last week it was revealed that a group of residents are bidding to block proposals for a new spa and health centre at the heart of commercial development works on the promenade.
Outline planning permission has been granted for the new redevelopment scheme, which still features a supermarket along with bars, restaurants, a hotel and health spa with outdoor pool.
Work on the first phase – the rebuilding of the Floral Pavilion Theatre – is nearing completion.
But 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 in New Brighton.
Lawyers at Kirwans Solicitors, acting for the group, have warned they may seek an injunction on future building work as they seek to uphold the 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, from the Wellington Road group, said: “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.”
A spokeswoman for Wirral Council said: “We have received communication from Kirwans Solicitors. We have already responded to them directly, making it clear that we believe there is absolutely no case.”