Homeowners who face into a park where a new multi-million pound sports hub is due to be built are currently considering a legal challenge against the plans.
Preston City Council is moving forward at pace with the Ashton Park proposals but a lawyer is currently investigating whether a covenant dating to 1920 could put pay to the new sports pitches.
They’ve discovered a legal covenant in a conveyance dated as 31.01.1920 which indicates properties surrounding Ashton Park could have the potential to prevent development within the park.
Read more: Attempted explanation for contentious Ashton Park plans set out
A group of residents are campaigning against the new all-weather pitches proposed by Preston City Council.
Roy Taylor’s parents moved into the first council house built on Larches Lane in 1950, with opens views on the land before them.
He now owns a property facing directly onto Ashton Park with the same unrestricted views they enjoyed as a family over 70 years ago.
The residents’ main issue is the bund – a grass hill-, the 3G plastic pitches, and the loss of wildlife.
Roy owns a terraced house covered by the covenant, in relation to the bund he said: “That’s all I’m going to be looking at, to my mind that’s not acceptable.
“They’re talking about building it right in front of this house.
“For it to do any good it needs to be right next to what they’re making.
“To keep the noise and light out it wants to be right next to it.”
Information in the pre-registration deeds for the land based on a property around the park states: “The Ashton Park farm and surrounding land once belonged to Edmund Robert Harris.
“In his will he left it to the Governors of the Bounty of Queen Anne for the benefit of poor clergy.
“On 31.01.1920 the governors sold the land to the English Electric Company with a stipulation if plots were sold, they should be subject to a covenant not to cause a nuisance or annoyance to neighbouring land.”
Read more: Preston City Council leader Matthew Brown on Guild Hall, Preston Model, public scrutiny and more
Jim Day a resident owner with a property facing the park is opposed to the development and says he thinks Preston Labour needs to re-consider their position.
He said: “I can feel myself swaying to the Liberal Democrats mainly because they’re on the side of the residents.
“Not necessarily putting a stop to the full development but understand how upset we are about the bund and the sports arena itself being put in place.”
Sara Holmes a local resident who is investigating the potential for a legal challenge said: “There is a covenant on the park preventing the owner – Preston City Council – from doing anything that could cause a “nuisance or annoyance”, to neighbouring land.
“If owners of property next to the park have that covenant in their title deeds, we can potentially enforce it against the council.
“A group of us already written to the council concerning this issue. The councils’ external solicitors replied basically saying that we need to prove our case.
“Firstly, by providing evidence the covenant is on our titles. Secondly, it’s enforceable and we will suffer nuisance or annoyance.”
A spokesperson for Preston City Council told Blog Preston: “This is a private matter between landowners and the council and therefore we are unable to comment at this time.”
Subscribe: Keep in touch directly with the latest headlines from Blog Preston, join our WhatsApp channel and subscribe for our twice-a-week email newsletter. Both free and direct to your phone and inbox.
Read more: See the latest Preston news and headlines