A COUNCIL will legally protect a piece of open land at the heart of a row over a new housing development.

On Thursday night Blackburn with Darwen Council’s executive board approved the transfer of the land at Lomond Gardens and off Old Gates Drive to McDermott Homes.

The pledge was given by borough regeneration boss Cllr Phil Riley as he faced five questions over the controversial sale of a former school multi-use games area for the 29 homes estate.

In May last year the transfer was put on hold after it sparked a storm of protest from nearby householders over the loss of a rare piece of open space in Blackburn.

The council has received 60 objections.

At the board meeting Livesey Parish councillor Rick Moore; residents Lindsay Nuttall, Fee Fleming and Heidi Nuttall; and Livesey with Pleasington ward's Cllr Mark Russell all quizzed Cllr Riley on the sale.

He confirmed that the open space off Old Gates Drive would be legally protected by a Deed Of Covenant included in the sale documents.

Cllr Russell said: "Can you please explain how the formal public open space off Old Gates Drive is no longer required for its current purpose when the council intends to secure its continued usage as public open space through covenants?"

Lindsay Nuttall asked: "If so could you please advise how the formal public open space off Old Gates Drive adjacent to my property is no longer required for its current purpose when the council intend to secure its continued usage as public open space through covenants?"

Fee Fleming said: "The public open space has no relevance to the development of new housing, it can't be built on and is a permanent fixture of Old Gates Drive so can you explain why it is so important for the new development to have access to this land?"

As well as confirming that the Deed of Covenant would protect the land, Cllr Riley said: "Currently the land off Old Gates Drive is very poor quality public open space.

"The council is seeking to improve the situation by appropriating the land for planning purposes to facilitate the new development at Lomond Gardens which will then enable the land to incorporate a footpath and new enhanced landscaping.

"The council will be contributing a sum of £30,000 to Mill Hill Juniors FC and £20,000 to Green Fields Community Centre."

Cllr Russell said: "I am satisfied with the covenant which will protect the land for ever."