This 1938 agreement stipulates that the Wigwam should only be used as playing fields and for recreation.
Grandmother Vera Malcolm (79), who lives on the adjoining Leadale Avenue, has been awarded legal aid to apply for a judicial review into a dec
ision not to give the land protected 'village-green' status.
Ian Hale, of solicitors French and Company, who is representing Mrs Malcolm, has mentioned the covenant in the application to the High Court.
"Notts County Council, who bought the land from Mrs Story, felt they did not have to abide by the covenant any more and that they could simply sell the land for development," said Mr Hale.
Government inspector John Male, who conducted the public inquiry into the village-green application, did not place much emphasis on the covenant either.
But Mr Hale said he and human-rights barrister Usha Sood, with whom he is fighting the decision, considered it to be important.
Developers Cofton bought the land from the county council and four firms are planning to build more than 800 new homes there and on the adjoining Grange Farm site.
A spokesman for Cofton said: "We will fight any application that has been made."
The full article contains 228 words and appears in Hucknall Dispatch newspaper.
