A NORTH-East authority has been accused of acting unlawfully by starting work on a city centre development without proper consent.

The City of Durham Parish Council has written to the Planning Inspectorate accusing Durham County Council of carrying out work at The Sands, in Durham, without commons consent.

It relates to the city's former coach park, which is currently classed as common land and has been fenced off since August 12. It is part of plans to build a new headquarters for the county council on the adjoining car park.

The parish council says it was informed earlier this month by the county council that an electricity supply was being laid across the land, which it says is not permitted without commons consent.

The county council submitted an application to de-register the land as a common on August 22, which is yet to be decided on by the Planning Inspectorate.

In a letter from a lawyer acting for the parish council and Durham Freemen, which has rights at The Sands, the county council is accused of having "scant disregard" for commons law.

The Northern Echo:

Durham's former coach park, prior to be being fenced off for building work. People currently have the "right to roam" on the land

Councillor Elizabeth Scott, chair of the parish Council said: "Not only do we have a county council who has unlawfully interfered with the public’s right to access the existing common land by erecting fencing around it but they are now also trying to offer up a plot of land which is practically inaccessible and wholly unacceptable as an alternative.”

When asked to comment on the lawfulness of the work, Lorraine O’Donnell, director of transformation and partnerships at Durham County Council, said: “We have not yet seen the parish council’s objection to our application to de-register common land in Durham City, which has served as a coach park since the mid-1990s. This will be issued to us by the Planning Inspectorate at the end of the representation period and we will respond fully in due course.

“We are proposing to replace the common land with an area of land which is much larger near the Rivergreen Centre in Durham.

The Northern Echo:

Durham County Council have proposed a meadow in Aykley Heads should become common land to replace that lost at The Sands

“Having already completed a pre-consultation exercise, we are now following the statutory process required to de-register the land, the merits of which will be determined by the Planning Inspectorate.

"Fencing has been put up at the site in the interests of health and safety.”