Frodsham Town Council is pressing ahead with plans to sell a recreational play area after considering legal issues.
The council has angered those residents against selling the plot on the corner of Fountain Lane and Princeway for housing.
A 220-name petition opposing the sale, which would raise funds for other facilities, was presented to an extraordinary meeting held on Monday.
The meeting was to discuss if further legal advice was required because of a question-mark over whether a restrictive covenant exists, but this was dismissed.
The original conveyance relating to the land, dated November 27, 1939, has in its introduction the words: ‘the vendors have contracted with the council for the sale to them for the purpose of being used as a recreation ground of the said property’.
Solicitor Stephen Lunt of Walker Smith Way told the council: “In my view this is not a restrictive covenant.”
However, he added: “It may be worth the town council considering sending all the necessary paperwork to a barrister in order to obtain counsel’s opinion on the matter before any further steps are taken in connection with the proposed sale.”
Town clerk Jon Wild said: “The meeting was about whether the council should be taking another piece of legal advice but the answer was ‘no’. It’s not necessary.”
He said the council had decided the area had no viable future as a play area and was only a short distance from other facilities at Castle Park. The council intends to use the money raised to invest in play and leisure in the town.
Objector Mark Nield said: “It was left to the people of Frodsham as a recreational area, to do just about anything with apart from build houses on there.”
He argues the community has been kept in the dark over the plans.
