COUNCIL bosses who blocked plans for a controversial bail hostel say they cannot refuse to sell the land to the Probation Service.

A letter seen by The Advertiser's sister paper, The Northern Echo from the leader of Chester-le-Street District Council, Malcolm Pratt, to a member of the protest committee, outlines their reasons for backing down on previous statements that they would not sell the land.

After taking legal advice, he states a council decision to block the sale of the land in Picktree Lane could prejudice the impending public inquiry that starts next Tuesday.

Protestors say the 25-bed hostel, which could house murderers, rapists and paedophiles, would lead to an increase in local crime and an increase in the fear of crime.

Mr Pratt's letter says: "I have discussed the question of the land in Picktree Lane with the chief executive and with the council's own solicitor.

"In addition, they have consulted a Newcastle practice and the view is that the council should not determine in advance not to sell the land to the Probation Service.

"The council should not seek to fetter further decisions and to do so would leave the council vulnerable to challenge by way of a Judicial Review.

"There may also be a Human Rights issue arising in respect of whether the Public Inquiry would then be a fair hearing if the council had decided not to sell the land.

"I appreciate that it would seem that the easiest thing to do would be to say the council are not selling the land, but having taken legal advice, I cannot disregard that advice."

The Probation Service said it does not want to buy the land, simply to let the inquiry takes its course.

It has said it wants to use Chester-le-Street as a test case to prove that local authorities could not refuse planning permission on the grounds of public fear of crime.

In a further statement, Coun Pratt said: "The letter was a response to a query and I outlined the council's legal position after taking legal advice.

"The public inquiry is due to start next week so I don't think it's appropriate to comment further."

The inquiry starts at the Red Lion pub in the town, at 10am.