OPPOSITION to Latics’ plans to build a new stadium in Failsworth show no sign of abating, with a claim this week that Oldham Council has no right to lease the land to the club.
The council classifies Failsworth Lower Memorial Park, created 85 years ago using donations from the families and friends of 240 men from the town who died in the First World War, as a 9.5-acre site off Broadway.
However, this has been disputed by a local resident who has already fought one battle to stop the land being developed.
John Arnold, from Chadderton, argues that the park is 21 acres and includes swathes of land south of the Lancaster Club and west to the border with Moston.
The 80-year-old, of Whitegate Avenue, has minutes of meetings from 1922-23 where a war memorial committee for Failsworth Urban District Council – when the district was part of Lancashire County Council – used public conscription to buy the land on the Hardman Fold Estate from Miss CM Flood.
He said: "In the minutes I found nine acres and then a year later 11 acres were purchased and laid out as a recreation ground under Public Health Acts.
"The fact is that land is protected and it would be illegal for Oldham Council to dispose of the land to the football club. The law states that the authority is not the occupier of the land but a trustee or custodian on behalf of the public.
"It is immoral to concrete over land which was dedicated to those men who gave their ultimate sacrifice. I hope their families mount a legal challenge to stop it."
Mr Arnold says he used the ancient agreement in the 1970s to successfully challenge plans for five-aside pitches on the site.
His outrage is shared by Failsworth councillor Jim McMahon who is demanding answers from the council and has pledged to protect the land.
"I think the council is confusing two issues, the formal urban park and the memorial park," Cllr McMahon said. "They need to be clear. The council and Latics need to show the plans and where exactly they want to put the stadium.
"If we don’t get the answers quickly then we will use whatever is at our disposal to protect the land, including town green status."
But Cllr Mohib Uddin, cabinet member for regeneration, said the council believes the additional land of 11.75 acres – which it is proposed will be leased to Oldham Athletic – does not form part of Lower Memorial Park.
"When the council checked the status of this land with the Charities Commission they advised that the identified development site was ‘not held upon specific charitable trusts’ and they would therefore ‘not need to be involved or advise on its disposal’.
"Furthermore, upon checking the deeds within the proposed stadium site, officers have advised that the land does not hold any legal connection to those who died in the First World War.
"However, it is also possible – if the development eventually receives detailed planning permission – that Oldham Athletic might be asked to make a contribution to the improvement of the formal Lower Memorial Park area which is, of course, to be retained."
