CAMPAIGNERS hoping to stop a development in Charlton Kings have been criticised for sending a "threatening" letter to councillors on the planning committee.
Mike Price had asked planning officers to overturn a 23-year-old covenant barring the building of another property in the grounds of Wild Perry House in Balcarras Road.
Neighbours asked a solicitor to object to the proposal on their behalf, warning the council that the decision could be taken to judicial review if they agreed to overturn the restriction.
But Councillor Barbara Driver (C, Lansdown) said she did not take kindly to claims such actions would be taken.
She said: "I think it is a shame that the letter is written in such a threatening manner.
"We all know they have the right to appeal.
"But the way it says 'we have put you on notice of judicial review' is threatening and really doesn't help matters."
Councillor Jon Walklett (LD, St Paul's) agreed with Mrs Driver's sentiments.
He said: "I also object to being threatened and this will be reflected in my voting."
Councillors agreed to lift the restriction, allowing Mr Price to build his detached home.
Neighbours now have the option of taking an appeal to the High Court.
Cheltenham Borough Council's planning committee initially turned down the plans due to the design rather than because of the covenant.
Members were concerned the home was of "insufficient high standard of design" and would "appear obtrusive" in an Area of Outstanding Natural Beauty.
Eleven residents objected to the plans, saying the house was out of character and there were fears they could lose light and privacy.
However, the refusal was overturned on appeal by the planning inspectorate.
Mr Price then had to persuade the council to waive the covenant.
Legal officers at the council recommended lifting the barrier as it was based on planning policies which no longer existed and was therefore obsolete.
They also stated the character of the surrounding area had changed since the building restrictions were originally put in place.
But Councillor Bernard Fisher (LD, Swindon Village) had concerns with just overruling the covenant, which was meant to be for perpetuity.
He said: "This could lead to many more applications in that area.
"It seems strange to me that somebody would go to the lengths of entering this kind of agreement and then we can just overrule it."
