Deeds say you can't demolish old school; Loophole could stop housing development.

Byline: CARL BUTLER

FURIOUS villagers last night unveiled plans to mount a legal challenge against council plans to demolish a 95-year-old school.

They claim deeds for the threatened old Greenfield primary school, near Holywell, show the Mostyn family sold the land on condition the site was used solely for education.

Flintshire County Council has built a new primary school in the village and wants to demolish the old school and replace it with housing association homes.

The hitch in their plans came to light at a public meeting attended by nearly 100 villagers.

They heard that campaigners using the new Freedom of Information Act had obtained copies of the deeds of the old school from Flintshire Council.

The deeds show that in 1908, Pyres William Mostyn released the land for the purposes of elementary education only and on condition it remained for educational purposes.

Greenfield Residents Association is now taking legal advice about the validity of the deeds.

They want to know if the covenant prevents Flintshire from demolishing the school to make way for housing.

Shirley Williams, who has lived in Greenfield all her life, said the village has more than doubled in size and needs more community facilities.

The Residents Association believes the school could be used for educational and training purposes and community uses such as Scouting.

Mrs Williams said: 'We were told this would probably have to go to public inquiry and that the school would not come down until September or October at the earliest. Now we have seen a letter saying it will be demolished on April 4.

'I would like to know how they can do this. It's not just the residents who have lived here a long time who want to save the school, it's newcomers as well.

'This is a densely populated area and the council wants to put in more housing with more children.

'We have been in touch with people like the heritage and lottery commission and sports council about grant applications but there is nothing they can do unless we sort out the future of the school.

'One of the people who attended our meeting was a solicitor and he has offered us free legal advice. There will be a meeting with him on Monday to see about a legal challenge.'

A spokesman for Flintshire county council said: 'In September 2003, following the opening of the new school, the executive declared the old primary surplus.

'There is a requirement in the deeds to use the land for purposes of 'public elementary education'.

'Clearly since completion of the new school in 2003 this has not been possible and the council is currently pursuing this matter,' the spokesman added