THE cost of finally opening a play area in Hendon could spiral to more than £100,000 after Barnet Council was forced into a legal fight over a “significant failing in governance” when initially installing the equipment.

Residents living in Southbourne Crescent had opposed the development of a park in the green space behind their homes, and took the council to court after claiming planning permission had not been given.

A judge ruled it had been illegally installed in Brookside Walk. He ordered the closure of the park and the removal of the play equipment unless retrospective planning permission was granted by November 30.

Seven foot high fencing was subsequently placed around the site in August, at a cost to the taxpayers of more than £3,500. The court costs could rise to as much as £65,000, according to opponents, on top of the £40,000 paid for the play area.

A six page planning document, presented to the cabinet resources committee, recognised that following the start of the legal challenge, “it became apparent that there had been a significant failing in governance and the authority to construct the playground in Brookside Walk was not in place”.

Norman Rose, of Southbourne Crescent, opposed the play are on the grounds it would encourage antisocial behaviour and was at a location which becomes swamped by raw sewage.

He claimed the whole process had been a “shambles” and said: “The people in the street are angry about how this has carried on.

“We don't feel Barnet was fair with the environmental officer's report. They didn't consult on moving the equipment from Brent Park to Brookside Walk.

“The worst case scenario is it is going to cost more to sort out than the cost of the park. We think the kids should have a park but the council won't listen to alternatives.”

Retrospective planning permission has now been granted by council bosses, before the equipment had to be taken down, and the play area is due to reopen on November 12.

A statement from the council said the “only viable location” for the site was in Brookside Walk because it offered large open space, a high level of footfall through the area, accessibility to potential users from various locations and it is visible from the road and the flats opposite.

An earlier comment from council staff said: “Throughout the process extensive consultation was carried out with local residents in the Brookside Walk area.”