High Court quashes decision by council not to register land as village green

A High Court judge has quashed a decision by a county council to refuse to register land as a town or village green.

The dispute was over an area of green space in the Belle Vue area of Consett in County Durham.

Durham Council Council owns 44 acres of playing fields and wants to build an academy on the site.

The Consett Green Spaces Group, set up by local residents, objected to the development, arguing that other sites on brownfield land would be more appropriate.

The group submitted an application to register the land as a town or village green. This was rejected by Durham County Council’s highways committee in April 2011.

Judge Roger Kaye QC, sitting in the Administrative Court in Leeds, turned down the application to register the village green, but also found that the inspector’s report was flawed.

The inspector had recommended refusal. However, the Consett Green Spaces Group argued that he had misinterpreted a deed made in 1964 about the use of the land.

It also argued that residents had used the playing fields, lawfully, for recreational activities for more than 20 years.

The decision will now go back to the council to be considered afresh.

Stephen Williams of law firm Irwin Mitchell , which acted for the group, said: “The judgment is one more step towards protecting the Belle Vue playing fields for the future. The council cannot build on the land as things stand.

“This land has been used extensively by the public for over 20 years for activities such as walking and football and our clients think it is vital that this green space is protected. They will now press again for town and village green status which will preserve the space for recreation for future generations.”

Colette Longbottom, head of legal and democratic services at Durham County Council, said: “We note the decision of the court not to register the site as a village green and will now consider the most appropriate course of action for bringing this matter back before the Highways Committee.”