WIRRAL’S biggest – and most controversial – regeneration scheme to date has been threatened with legal action based on a 75- year-old covenant which campaigners say could yet halt the project.

The £75m regeneration 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 had appeared to have been reborn with a revamped scheme which won over many of its former critics.

However, last night it was revealed that a group of residents from the town is bidding to block proposals for a new spa and health centre at the heart of the commercial development works on New Brighton promenade.

Wirral Council, which owns the land in question and selected Neptune as their “preferred developers”, quickly issued a robust response to the threatened legal action, saying they believe the campaigners have “absolutely no case”.

It was the public outcry over previous plans for the town’s Marine Lake which had forced planners into a rethink on the scheme, which also saw proposed waterfront apartments dropped from the project.

But 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.

Developer Neptune had hoped to see the second part of the scheme given a clear run, but objectors believe this latest dispute could still derail their plans.

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 on 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 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: “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.”

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.

“New Brighton is at the cusp of a bright new renaissance.

“We are absolutely confident that this matter will not prevent plans moving forward.”

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