THE family of a man who bequeathed a recreational reserve in Sunshine to Brimbank Council fears for its future as public space and says development on Errington Reserve would set a dangerous precedent.
As the community continues to fight the council's plan to build a civic centre on the reserve in St Albans, the Dempster family says it would be devastated if the council developed the land that was given to the people of Brimbank.
Robert and Martin Dempster's grandfather William, a former City of Sunshine mayor, donated Dempster Reserve in Sunshine North to the council in the 1940s on the proviso it be kept for recreational use for the people of Sunshine forever.
It is much the same way that Alice Errington donated her land, so the people of St Albans would always have somewhere to play sport.
Robert, who still lives in Sunshine, said he was worried that if the council could build on Errington Reserve, it could build anywhere.
"Once land like this has been given to the council, it should be kept for what it is for, forever. We are worried if they could do this to us."
Robert's cousin Martin said his family would consider legal action if the council acted on such a proposal. "It must always be kept for what my grandfather wanted it for: recreation."
Dempster Park Reserve is used for sports such as football, cricket and tennis.
The Advocate asked Brimbank Council how many other sporting facilities had been left to it in such a way, but it was unable to answer.
Acting corporate service general manager Peter Horne said: "There is no register of or simple method in identifying land that has been donated or bequeathed to the council.
"Should council carry out a title search of all council-owned land, it still would not necessarily divulge information as to whether the land was donated or not as this information is not always contained on title."