LEGAL action is being taken by residents to stop a children's day nursery from opening near homes.

People living in Gatehouse Close, Darlington, are hoping to have a restrictive covenant, which has dictated the use of the building since the 1970s, enforced to block the nursery scheme.

Darlington Borough Council's planning applications committee agreed to the change of use for the Gatehouse Residential Care Home, in Barmpton Lane, in the Whinfield area of town, on Wednesday.

But a 54-name petition and several letters of objection have been lodged with the council in opposition to the plan.

Residents have vowed to fight the proposal, arguing that the area would suffer from the extra traffic the nursery would generate, with problems over parking, increased noise and nuisance and devaluation of property.

Maurice Boulton, who runs the William House Nursery in Darlington, and who has put forward the nursery plan, told councillors his intention was not to cause problems for Gatehouse's neighbours.

The covenant originally restricted the use of the building to a private home, but it was legally altered to a residential home in 1987. Neighbours, particularly those in Gatehouse Close, are not willing to allow it to change again.

Stuart McDougall, of Gatehouse Close, said residents had taken legal advice and were ready to act.

He said: "The restrictive covenant was raised for the benefit of the residents of the seven houses which constitute the grounds of the Gatehouse.

"It cannot be modified or removed without the agreement of the seven residents. We have no intention of modifying or lifting that covenant. Legal proceedings will be started next week."

He told the committee meeting: "Whatever, you decide to do it is not the end of the matter."

Mr Boulton said: "It's not our intention to cause any more inconvenience than is necessary on this particular site. It is our intention, as a nursery provider in Darlington, to provide much-needed extra nursery places."

He said the site had been chosen because of its surroundings and facilities.

"I don't think, quite frankly, that we will cause a great deal more traffic within that area than is present at the moment," he said