NEW homes earmarked for a controversial development in Northallerton would be subject to a right of way through the site.

As he delivered this news to a meeting in the town on Monday, Northallerton Silver Band chairman David Prest made an 11th hour bid to resolve a deadlock between the landowner and residents fighting to save 100-year-old rented gardens.

A young mother said a shared play area which would replace the gardens would end up being "used by paedophiles and druggies".

Mr Prest used factors affecting his band's practice room close to the site to try to get a last-ditch meeting.

Persimmon Homes, which wants to develop the site along Romanby Road, has "noted" the suggestion.

Hambleton development control committee considers the application next week.

The latest development came during the meeting called by Northallerton Town Council about a scheme in which Allerton Engineering would sell land for homes to finance a move to better premises. The company hopes to increase its workforce of 65 to more than 100 by relocating to new £3m premises on Darlington Road.

The firm says it can do this only if the council approves the Persimmon plans for 62 houses on the 3.3-acre site.

Residents of Bridge Terrace say they will lose rented gardens which have been with the houses for up to 100 years.

Objections have led to a reduction in the number of homes planned and the inclusion of an open space/play area and parking for all 14 Bridge Terrace properties.

Mr Prest waited until the meeting was nearly over before making his revelations. He said he was worried about the proximity of some of the houses to the bandroom. "There will be complaints about noise from practice nights, and if we are told the room must be soundproofed, who will pay?" he said.

The district council's head of development control, Maurice Cann, promised to get a view on that before next week.

Mr Prest asked if Persimmon Homes would stand the cost of such work.

"It seems a reasonable suggestion we could consider," said Persimmon representative Peter Morris.

Mr Prest said: "The band has a right of way through the land dating back to 1900. We have never used that right, but worked round it. But there will be homes affected. Are these people going to made aware the band members could come down there with anything they wish at any time?

"People won't want us tramping through their gardens. I can see a lot of aggro."

Mr Morris said: "If the right of way exists, it will continue to exist."

A covenant against development on land around the bandroom was also spotlighted.

Mr Prest said: "With noise pollution from the band, the right of way through the site and our covenant regarding development, would it be sensible for a meeting to be held between Persimmon, the council and the band with a view to relocating our room to release ground to help the people of Bridge Terrace?"

Mr Morris said his firm would wish to negotiate the covenant away.

Mr Cann said: "If Persimmon Homes want to pursue this, we would be happy to be involved."

Mr Morris said he "noted" the idea.

The residents say losing the gardens would mean the end of a safe environment for children and a wildlife habitat.They accused Allerton Engineering of moral blackmail for saying its future depended on approval of the scheme.

Company chairman Law-rence Ellis told the meeting: "If we are to develop and continue to put £1.5m through the local economy we need to move - hopefully within Northallerton."

One resident said: "I can't get my head round this. You are prepared to let 13 gardens go and put one play area in its place. What good is that? The people with children will lose out. Older people don't want a play area."

Mr Cann said: "We have tried to make the best of a bad job."

An emotional Phillipa Reeves said: "Gardens are what we want for our children.

"I have two young ones and it is one of the most important aspects of their lives. To take this away and give them a shared play area is not something I want as a mother.

"The play area will be for paedophiles and druggies. We are a community. Just leave us as we are. That is all we ask.