An investigation into how Frodsham Town Council handled the planned sale of Park Lane Play Area has concluded that the council’s intentions were for the benefit of the community but acknowledged that it had ‘made some mistakes’.

Frodsham Town Council (FTC) agreed to close Park Lane Play Area - also known as Fountain Lane Play Area - and sell the land to raise money to invest in other play areas, following an independent review it commissioned by Groundwork Cheshire of the town’s outdoor recreation facilities which found that play areas were in a poor state and suggested the play facility on Park Lane as a site for potential disposal.

Sealed bids were sought and it was decided in May 2013 to sell the land to the highest bidder.

But councillors and local residents expressed concerns that there had been a lack of consultation and that appropriate procedures had not been followed, prompting FTC to reopen the site in late October pending the outcome of the upcoming town-wide consultation and to elect to undergo an external review of the procedures followed in selling the land.

The report on the internal audit by Cheshire West and Chester Council stated: “The review identified that, overall, the Town Council’s intentions in the sale process had been to take action for the benefit of Frodsham residents by trying to obtain better value from its play areas by investing its limited resources in a smaller number of sites.”

However, it highlighted the level of suspicion surrounding the sale: “It was clear from the review that some members of the public are highly suspicious of the actions of the Town Council in the land sale and there is an element of distrust between Members.”

The report went on to identify that FTC ‘had not always helped itself in the processes followed in selling the land’, and that ‘inadequate consultation’ was largely to blame for this.

“Whilst formal consultation was not obligatory, it is good practice to consult in cases such as this as it helps improve the transparency of decision making and increases community engagement,” it said.

It recommended the development of a ‘consultation strategy to cover the formal processes that should be followed to inform members of the public where decisions that impact on the community are being considered’.

One of the concerns levelled at FTC by critics of the sale was whether the council could legally sell the land for development, claiming that there was a restrictive covenant attached to the land that it could only be used for recreational purposes.

The report concludes that, from the evidence examined, ‘there appears to be no reason to doubt that the Town Council has a right to sell the land for whatever purpose it wishes’.

The report stated that while mistakes were made in the consultation process and the clarity of what is agreed at council meetings, it found ‘there was no indication in the evidence examined that anyone in the Town Council was seeking personal gain or advantage from the proposed sale’ or that ‘there is no evidence that it has sought to cover up its actions’.

Of choosing to undergo an investigation, chairman of Frodsham Town Council Mark Warren said: “There were two components for me: doubts in the community that we had followed proper (or even legal) process that needed assuaging; and points for FTC to take away for future asset purchases or sales.”

Cllr Warren admitted the sale process could have been ‘handled better’ and stressed the importance of the upcoming town-wide consultation on a range of issues - which includes the question as to whether the Park Lane play area sale should go ahead - as an opportunity to secure a mandate to proceed with.

He said: “Generally speaking the report satisfies both. The accusations that FTC has acted improperly or illegally have been proven false, but there are aspects of the sale process we could have handled better – probably the most outstanding of these is the thoroughness of our consultative processes.

“I gladly accept this criticism, and look forward to our imminent town wide consultation fielding a comprehensive response and providing FTC a firm mandate to move forward with. It's important for everyone that irrespective of the outcome, we reach a conclusion on the future of the Park Lane site as soon as possible and understand any potential implications on our respective strategies.

Christian Sandbach, chairman of residents’ group Friends of John Williamson – formerly called Friends of Fountain Lane Recreational Area – said: “We didn't really learn anything new from the report. It highlights the lack of a creditable consultation process undertaken, which has been one of the main arguments from the residents’ group.

“The forthcoming town-wide consultation will give the opportunity for the people of Frodsham to have their say on saving their green spaces.

“Not in the report but discussed at the EGM it was made clear there was no requirement to sell Park/Fountain Lane Play Area to fund the proposed Churchfield play project, this is something the residents of Frodsham need to know prior to completing their consultations.”