Councillors have rubber stamped plans to turn a sixth form college into a new 223-home development - but not before a prolonged debate into the ownership of a “public” plot of land.

Developers, CALA Ventures, were last night granted conditional planning permission to build 91 new houses and 132 flats on the West Herts College Cassio Campus.

Concern, however, was raised about who would own - and therefore be able to use - a public open space, which is be included as part of the development.

Watford Borough Council had expected the developers to pass responsibility for the new open space, which will include a childrens' play area, to the authority.

After it emerged the developers and future residents of the new homes will manage and pay for the upkeep of facility, respectively, councillors voiced their concern about the prospect of the area effectively being turned into a private area.

All three Nascot councillors – Andrew Mortimer, Andrew Forrest and Mark Watkin – addressed the council's planning committee, expressing their concern about the public's right to use the proposed public play area.

Councillor Mortimer told the committee there must be a chain of ownership that “continues in perpetuity”.

He said: “Let's not take the attitude that it will be all right on the night, because that sort of attitude often ends up with it being not all right on the night.”

Councillor Forrest added: “It is essential we do not find ourselves in a situation in ten or 12 years time were CALA Homes have left the scheme and Watford Borough Council has to pick up the pieces.”

After a lengthy discussion planning officers ruled that, short of a compulsory purchase order, no developer could be forced to hand any land over to the council.

However, as part of a financial agreement with the developers the council will stipulate the land must be used as “publicly accessible open space” and therefore give a public right of way.

Nevertheless, when it came to a vote on the proposal, the council's planning committee remained divided.

Councillors and a number of residents took issue with the size and bulk of six four-story blocks of flats, to be built at the front of the development.

The council also received written concerns from the Nascot Residents Association and from the governing bodies of the Nascot Wood Schools.

The committee voted to grant planning permission by a 7:2 majority – with councillors Zoe McQuire and Sheila Smillie voting against the proposal.

Before full permission is granted, however, the Scottish home-builders must agree a Section 106 agreement with the council to contribute money to local public services by the end of February.

Staff and students at college will vacate the Cassio Campus in the summer of 2010, when building on the site has been earmarked to commence.