THREE people hold the key to whether the proposed UB 40 project can go ahead on Sandhurst Memorial Park - and they are probably dead!
The covenant that may stop the scheme would normally be enforced by the original owner or by the trustees of the Sandhurst Victory Fund set up after the Second World War.
The original owner was a Lieut-Col William Burroughs Simonds, who if he was still alive would at 109 be the oldest man in Britain.
One of the three trustees from 1949 is known to be dead and the others have not been traced.
The covenant stipulates that the ground should be used for public recreation and nothing else and Town Council Executive Officer Mr Chris Smith said the legal opinion was that nothing at present built on it was in breach of it.
Mr Smith said he had been advised that the UB 40 plan would be in breach of the covenant