RESIDENTS are preparing to serve an injunction on a couple who want to open a children's nursery near their homes.

People living in Gatehouse Close, Darlington, are angry that Maurice and Mary Boulton are trying to turn a former residential home in their street into a nursery.

The residential home is in a former gatehouse, which is covered by a 1970s covenant.

The covenant, controlled by seven people who live around the gatehouse, restricts its use to a private home.

The covenant was altered in 1987 to allow the gatehouse to be turned into a residential home, but it still restricts what the building can be used for.

However, Mr and Mrs Boulton, who run the William House Nursery, in Darlington, are continuing work on the building to convert it into a nursery.

Mrs Boulton said: "We are doing all the work ourselves so it will take some time.

"We are at the cleaning up stage at the moment. We are having to go through some legal procedures because of the covenant, but we will be opening."

Neighbours are now preparing to seek a court injunction to stop the nursery opening if Mr and Mrs Boulton go ahead with the plan.

The covenant was granted for the benefit of the seven houses built in the grounds of the gatehouse.

Stuart McDougall said: "That building cannot be turned into a nursery without the agreement of all seven people who hold the covenant, and none of us have been approached by the Boultons.

"They cannot open this nursery. They have known this covenant has been in place since the beginning.

"I am in touch with my solicitor and if they continue with the work I will get an injunction to stop them opening the nursery.

"Everybody in the street objects to the nursery. There will be more traffic, problems with parking and noise."

Mr and Mrs Boulton gained planning permission for the nursery last year, but a Darlington Borough Council spokesman stressed that any covenant on the property would override the planning permission.