The 1850s were a prosperous growth period with new technologies, increased communication and public demand for better sanitary living conditions. In Roger Swift's book on Victorian Chester John Herson notes a 46% growth in Chester's businesses between 1840 and 1878 but he also notes the appalling unsanitary conditions and the 1845 Chester Improvement Act. Chester had a cholera epidemic in 1848 and again in 1866 followed by typhoid in 1887. The population of Chester and its surrounds was growing faster from around 30,000 in 1851 to around 40,000 in 1871. In the 1850s Chester's housing stock increased by nearly 20% - the sharpest rise of the century - and building continued at relatively high level in the 1860s. Chester's bright future as a port was over but rail was opening it up as a retail centre. Northgate Railway station opened in 1875 and the Manchester Sheffield & Lincolnshire Railway Company opened a Liverpool Road station in 1890.

The new wealth of the artisan class was demanding and could afford better living conditions - renting if not buying. . Queen's Park on the south side of the River Dee; across from the city; was conceived and the foundation stone of the first house laid in July 1851. Although not seen as 'rapid progress'; some 20 to 30 houses had been erected by the time of an 1852 report.

A group of three fairly young Chester entrepreneurs - William Pitt, William Shone & Thomas Wood saw the opportunity of a similar but smaller venture just north of the Chester city boundary. A suitable site was available within the estate of the late Samuel Brittain. It offered views of the Chester skyline and the Welsh mountains; meadowland towards Upton Heath and the immediate surroundings of a working sail-decked mill and extensive nursery gardens. Most of all; it was light and airy and could be laid out as a country park and yet in easy access to Chester and the rail network.

Surveyor John Hitchen - responsible for Queen's Park - was engaged to draw up a plan. While on a smaller scale than Queen's Park; the similarity is clear with a central circle - crescent carriageways.
A grand plan was drawn - NB large file - with 30 plots each having a single individually designed property.

Again, similar to Queen's Park, all plot proprietors would be covenanted to preserve the high standards of the plan.

On the 4 June 1856; the main area of land was acquired by Pitt Shone & Wood. Other acquisitions followed; the Park laid out; and the first buildings started with Pitt and Wood moving in themselves.

Although the William Shone of the original land acquisition does not appear to have lived in the Park - his son William moved in by 1881.

Acquiring the main area of land
Most of the land was available from the estate of Samuel Brittain. It comprised the 3 field plots totalling 13.5acres. See prehistory
Shone Wood & Pitt bought the 3 field plots on 4th June 1856 as tenants in common.
Conveyances name the sellers as Richard Barker and Ann Brittain; William Walker Brittain; William Brittain and Thomas Brittain

Acquiring the access
The Avenue would provide access from Wealstone Lane and this was acquired by Pitt,Shone & Wood on 5 June 1856 from Sir Philip de Malpas Grey Egerton.

Access at the other end needed the lane down through the Mill yard and onto Mill Lane. Ownership of the Mill had passed by inheritance to William Carter subect to a certain reserved right of road to and from the Sower fields. It appears that Pitt Shone & Wood by indenture dated 4 May 1857 acquired from William Carter some 100yds of 7yd wide roadway as well as right of access through the mill yard.

Completing the land needs
Finally on 7 May (or July)*1857, Pitt Shone & Wood seemingly with the encouragement of James Dickson - of the nurseries - acquired land from Charles Dutton & James Smith. This extra land (which may no longer all be part of Upton Park) was part of 'White field' surrounding Upton House.
Dutton & Smith had only just previously (5 April 1855) acquired the land.

footnote
different abstracts reflect this differently