Last week the Guardian told how developers Wainhomes had lost their battle to build 25 new homes on the site following a public inquiry. But on Monday, much to residents' surprise, contractors began work erecting the fence.

A residents' spokesman said: "This is petty and small-minded. It's just sour grapes, they lost the inquiry so now they've set to work to deny us the land anyway by sealing it off. It smacks of them throwing their toys out of the pram and spitting their dummy out.

"This is spiteful. In a few years when they re-apply with different plans the applicant can say the community doesn't use it."

Another resident said: "When these houses were built this piece of land was used as a major selling point with a promise that it would be landscaped and used as a children's play area but last year we were told

that there had been an application to build on the land and that the council was supporting it. It was only after we mobilised and sent petitions off that the planners decided to support us and the application was rejected.

"They then put up a wooden picket fence which has been left to deteriorate and when the applicants appealed against the decision and lost, work began on constructing this bigger, metal fence." She added: "They say it's just used as a dog toilet but that's rubbish."

A spokesman for Wainhomes, said: "Wainhomes appealed in 2003 against a planning refusal for residential development on the site which is just under three acres. The site is used by local residents as a dog toilet and for grass cuttings/refuse. Wainhomes has, as a responsible landowner, fenced off the site as a precaution from claims by the general public or from fly tipping.

"In their evidence at the inquiry, due to the amount of dog fouling the council stated that they felt it would be irresponsible to have children playing on the site.

"The council were offered the opportunity in 1990 to adopt the land and declined to do so."

A spokesman for the borough council said: "St Helens Council, backed by local residents, put together a case against the planning appeal and was successful.

The council will endeavour to resolve this matter in line with residents' concerns and is currently thoroughly exploring the complex legal issues."

RESIDENTS TAKE GREAT OFFENCE