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Hythe Green will not have a leisure centre built on it after all Shepway council has decided.
The plan cannot go ahead because of an old covenant.
The issue, concerning a covenant from 1862 was discussed during a private session of the district council’s cabinet meeting yesterday.
A statement from the authority said: "Shepway District Council’s Cabinet considered Hythe Town Council’s decision to offer the necessary land to build a new leisure centre on The Green in Hythe, with certain conditions.
"After carrying out appropriate due diligence the cabinet unanimously decided that it could not accept the offer owing to the restricted covenants on the land title.
"Therefore, it is the council’s intention to pursue the construction of a new leisure centre for the district on Princes Parade and plans will come forward shortly."
A statement on the Facebook page of protesters Friends of Hythe Green said: “There will be no leisure centre on Hythe Green. SDC have decided that the covenant prohibits this sort of development.
"Thank you all, both supporting councillors, campaigners and lovers of our wonderful green. Well done.”
David Plumstead, of the Hythe Green Preservation Society, told Kent Online: “We are pleasantly surprised and delighted.
“Now we have to stop the centre being built on Princes Parade because Shepway council is swivelling its guns on that.”
Princes Parade had originally been earmarked as a site for the swimming pool and leisure centre until Hythe Green was looked at as an alternative.