Residents of a Workington estate have been threatened with legal action after refusing to pay for the maintenance of a play area that was never built.

Homeowners at Bellaport Gardens, Harrington, received letters from Gateway, the property management company for the estate, asking for the payment of the annual maintenance fee.

But residents say the charge they agreed to pay when they bought their houses with Persimmon Homes, who built the estate, was for the maintenance of a green space, a play area, and a surfaced path leading to it.

But the play area has not been built, there is only a gravel path and householders say the green space is not regularly maintained.

Resident Jordan Rumney, 32, said: "The fact that there would be a play area on the estate was part of the sales pitch. We want either the play area to be built or not to have to pay such a high maintenance charge."

Allerdale council confirmed that Persimmon was required to build a play area as part of the planning consent. A spokesman said the council only became aware of the fact that it had not been built when residents complained.

The council is now investigating the complaints and working with the developer and residents to come to a solution.

The spokesman said: "We do follow-up on developments to check compliance with planning applications where possible but also rely on complaints from local residents and business owners.

"We would always firstly try to resolve the breach informally with the developer and should this be unsuccessful we would serve a breach of condition notice. Once a notice is served, it is a criminal offence not to comply with it."

Mr Rumney, who has children aged two and five, said: "If there was a path and a play area we would be happy to pay. Some people have paid after we were sent a notice of intended court procedure because they were scared by the legal threat. But 23 properties are still refusing to pay and some paid this year but told the company they won't be paying next year."

Lindsay Deans, 32, who has daughters aged eight and 11, said: "You would have expected Allerdale to have checked out things had been done the way they were supposed to. We wouldn't mind paying the fees if we got the service. We were told there would be a park and none of it happened. The estate would look better if Persimmon had done what they said they would."

A spokesman for Gateway said: "We are unable to comment on any arrangement regarding the play area and path because that is a matter between the residents and the developer.

"With regard to the public open space this is classed as a wild area and not a manicured lawn. As a consequence the wild area is maintained twice a year and the narrow strip of grass abutting the path monthly. The residents are only being asked to pay for the services they are receiving so it would be inappropriate to withhold payments."

A Persimmon Homes spokesman said the firm was in consultation with Allerdale council.

He added: "The management charge information provided to residents includes a breakdown of works covered by the contract, which shows that these fees do not include the maintenance of a play area.

"Anyone querying their management charge should refer their concerns direct to the management company."

This is not the first time Persimmon has been involved in complaints relating to play areas in Workington.

A play area was part of the conditions attached to planning consent for the nearby Forgehill Park development built by Persimmon.

But the company initially did not comply with the condition and later tried to have it removed. It has since submitted a proposal which is set to be discussed by planners soon.