Plans to build a house on a play area which has been used for 34 years have been rejected.

Crownmark Developments had applied for outline planning consent to build a house on land next to the Comfort Wartha cul-de-sac in Constantine.

Cornwall Council’s west sub-area planning committee heard that the land was designated as a play area when the cul-de-sac of eight houses was given planning permission in 1985.

A legal agreement set out that the open space should be granted to the then planning authority – Kerrier District Council – and £1,584 was paid for the maintenance of the land.

Councillors were told that to date no maintenance work had been carried out on the play area and no equipment had been put in place.

But local residents have been maintaining the site and claimed it had been played on regularly for the past 34 years.

A spokesman for a local residents’ association told the committee that it objected “very strongly” to the application.

He said: “This land was obligated under the original planning permission. The residents were told that no dwelling would be built on that site and that the open space would be maintained.”

The committee heard that the site had always been accessible to the public.

He added: “It has not been maintained as it should have been by the council. The public open space officer should be encouraged to ensure that this remains as open space.

“I speak on behalf of 11 children who enjoy that play area every day.”

The committee was told that the developer had offered to pay £10,000 to upgrade or enhance other play areas in Constantine if planning permission was granted.

Planning officers had recommended that the plans be approved saying the financial contribution would offset the loss of open space.

John Bastin, Cornwall councillor for the area, said the open space had been used by parents and children ever since the development was built.

He said the alternative play area was half a mile away and would involve children crossing a busy road to walk to it.

Senior planning officer Mark Broomhead said officers had considered that 34 years was a “significant period” and if planning permission was not granted it was likely the developer would appeal.

He said: “For us to make a decision after not doing anything for 34 years would be problematic.”

But committee member Mark Kaczmarek said he was uncomfortable taking away a play area which had been used for 34 years.

Fellow committee member Mike Thomas said the council’s recent climate emergency declaration said the council should be protecting open spaces.

The committee voted to refuse the planning application with 12 in favour and one against.