A developer has gone to the High Court to establish its claim to build on a former riding school in Bushey.

Clovercourt Fusion, who submitted plans to build 34 houses and flats on the Bucks Meadow Riding School site in Bucks Avenue, has issued High Court proceedings.

Letters were sent to 81 residents about a claim the Rickmansworth-based developers had put in regarding a covenant, which would restrict their ability to build on the equestrian plot if Hertsmere Borough Council approve the plans.

The covenant is contained in a conveyance dated October 24, 1923.

Kim Baxter, committee member for the Oxhey Village Environment Group (OVEG), who have been petitioning against the development, said that the covenant states that the building at Bucks Meadow can only be replaced by one building and the neighbours can enforce this.

She said: "The residents don't want to enforce the one dwelling house, they just want a smaller more in keeping scheme and less impactful to the openness of the Green Belt, but Clovercourt has gone ahead anyway and issued proceedings."

Clovercourt has issued the proceedings claiming that there is little evidence of this conveyance and therefore none of the residents are in a position to enforce it.

In the letter, which the Watford Observer has seen, it also states that the covenants would benefit very few, if any landowners.

Ms Baxter added: "It is a travesty. Things have really taken a sinister turn and residents are now trying to get funds together to get a lawyer - it's going to cost us a lot of money.

"If Hertsmere do approve the plans then this covenant becomes more important."

The letter sent out to resident also said that Clovercourt had "obtained planning permission for the proposed development" - a false statement.

Iain Taylor, head of planning at Clovercourt said he did not think it was appropriate to comment on the matters relating to the court proceedings.

But added: "When it was drawn to our attention that there was a typo on a claim form stating that consent had been granted a letter was immediately posted on May 4 to each and every relevant party clarifying the situation."

The plans, which include 12 affordable homes, 74 car parking spaces and 11 hectares of Green Belt land that will be opened to the public, straddle across the boundaries of both Hertsmere and Watford Borough Council.

Watford's planning committee have refused the application that falls on their part of the land and have recommended Hertsmere refuse the application on their land on the grounds that the development is too large and not in keeping with the character of the area.

Hertsmere Borough Council's planning committee refused the application at a meeting last night.