Rubbish from a fast-food outlet is jeopardising £100,000 plans to transform a town centre garden in Worthing.

When spinster Mary Shaw left £100,000 to Worthing Borough Council in her will she specified the money be used for a project which the council could not otherwise fund.

One of the main options the council is considering is to convert Liverpool Gardens into a "restful calm haven" with new paths, fencing, benches and a fountain.

But the executor of Miss Shaw's will has expressed concern over the amount of rubbish left strewn across the present gardens and blamed customers of McDonald's for the mess.

He has told the council he does not want the project to go ahead unless a new litter policy is put in place.

Council leader Councillor Brian Lynn said: "The executor is worried about the rubbish.

"We're really looking for something to benefit the largest number of people so the Liverpool Gardens scheme would be ideal.

"McDonald's is very conscious of the problem and staff are doing what they can. They provide bins but it's up to people to be responsible enough to use them."

Miss Shaw's brother John, who died in 1984, worked for the council's rates department all his working life. She left the money, part of a £1 million bequest, in memory of him.

Worthing town centre manager Anne Angel has contacted the manager of McDonald's to ask about the company's policy of picking up litter.

She said: "They have put it in writing that they do litter picks and we will reiterate the importance of this to them.

"If this scheme goes ahead, there will be a lot of pride in it. We feel it will be a focal point for Worthing and will sit nicely with the new palm trees on the seafront."

Chris Spratt, chairman of the town centre initiative, said: "We are particularly keen to see the gardens refurbished.

"The people who drop the litter are guilty. It would be a great shame if the scheme is not carried out because of that but I'm extremely hopeful we can press forward."

A spokeswoman for McDonald's said: "We were pleased to hear about the funding promised. It's very unfortunate a minority of thoughtless individuals choose to drop litter.

"McDonalds in Worthing puts much time and resources into trying to help address this, including providing internal and external bins, signs reminding people not to drop litter and conducting regular litter patrols daily.

"There is also a dedicated member of staff who patrols the area collecting litter at weekends."

Miss Shaw, who died on May 9 last year, left £902,671 net.

Her will included bequests to several churches and charities, including Chailey Heritage School near Lewes, the Raystede Centre for Animal Welfare at Ringmer and St Barnabas' Hospice in Worthing.