A SENIOR councillor has questioned the legality of using a developers' cash from the approval of a housing estate to renovate a children’s play area elsewhere in a town.

Blackburn with Darwen Borough's Tory group leader Cllr John Slater has said the decision to spend the 'Section 106' money to modernise 'The Wits’ in Witton Country Park broke the council's own rules.

He believes using the £350,000 from the controversial Barratt Homes and Taylor Wimpey development off Brokenstones Road to upgrade an existing playground rather than build new ones was against the authority's constitution.

Cllr Slater is to write to the authority's legal boss Asad Laher and Communities and Local Government Secretary Michael Gove on the issue.

Last month the proposal caused a fierce row broke out at Blackburn with Darwen Council's planning committee when Livesey Parish Council chairman Les Cade led opposition to using £350,000 intended as a contribution towards Green Infrastructure in West Blackburn to pay for the modernisation of ‘The Wits’ instead of providing local ones.

He told the meeting: “How many play areas does West Blackburn have? The children have nowhere to play safely."

“I am asking you to reconsider your plans to redirect the £350,000 towards Witton Park and re-utilise the funds to go back into this area for the benefit of the children here.”

Planning manager Gavin Prescott told the committee: "The proposed spend is in accordance with the terms of the original agreement.”

On Thursday night Cllr Slater took his complaint to Blackburn with Darwen Council's executive board as it approved the use of the money on 'The Wits'.

He told senior council Labour colleagues: "The use of this Section 106 money to renovate a play area is against the council's own constitution.

"That states it should be used for new play areas not renovating existing ones."

He asked Mr Laher if he believed the move was constitutional who indicated that he felt it was.

Environment boss Cllr Jim Smith said this had been done before with other play areas and he would forward Cllr Slater a letter from the council's growth boss Martin Kelly justifying such moves.

Cllr Slater said: "I shall be writing to the Secretary of State. I am concerned that this is not legal."

A report to the executive board meeting said: "The Wits is the largest and busiest children’s play area in the borough. Some sections have had to be removed for safety reasons. It is only a matter of time before the whole play area will need to be closed for safety reasons.

"The redevelopment will provide high quality play opportunities for local families and children."