VILLAGE Green status has been rejected for a popular recreational site near a housing development in Marlborough.

Campaigners wanted the popular dog-walking spot on the Barton Park Estate off Morris Road and College Fields, to be recognised as a community used space and have common land status granted.

Wiltshire Councillors representing the Marlborough area fought to have Village Green status awarded and warned that the land would be vulnerable to being used for future devleopment if the step wasn't taken.

A two day inquiry was held in January to hear evidence from residents who believed the land should be given Village Green status.

The application, made by resident Ian Mellor, was objected to by Marlborough College, which owns land to the North of the green space and Wiltshire Council, which owns the land in question.

Despite evidence from 147 households stating that they used the area at least once a month, the inspector made a recommendation that the application for Village Green status by rejected.

He ruled that the land had been created with a statutory right to be used by local people as a public open space and therefore could not be called common land.

The final decision on the application was made by councillors on the Eastern Area Planning committee held in Devizes yesterday.

Over 48 Marlborough residents attended the meeting to watch the councillors vote against the application six votes to two.

Addressing councillors, Mr Mellor stated that public faith had been lost in the council following a recent sale of Marlborough land Rabley Wood View and called on councillors to decide whether to be ‘hero’s or zeros’ when deciding whether to award Village Green status.

Ian Mellor said: “Wiltshire Council has spent the last 24 years trying to avoid calling it a public open space and now the inspector has concluded that this is what it is.

“Following the sale of Rabley Wood View, no place described as an amenity land seems to be safe anymore under Wiltshire Council.”

Paul Grace, speaking on behalf of Marlborough College, said: “The fundamental point is that the public using the land ‘as of right’ and without statutory consent has not been demonstrated. There is now a strong basis in our view to support the inspector’s conclusions.”

Marlborough councillors Nick Fogg and Stewart Dobson voted to support the application and Cllr Dobson said: “Marlborough Town Council never considered it a public open space.

“I believe the fact that all these people are here it’s because they are genuinely worried it won’t be made a space that can be used by everyone, it will be developed on.

Cllr Fogg said: “The inspector’s conclusion is pretty vague and is a recommendation. It doesn’t carry a statutory handle to it.

“This Local Authority has a duty of care to the people who live in it and I can understand the situation but I think the policy of trying to realise the value of every asset that Wiltshire Council has is not the function of a Local Authority. A Local Authority has a duty of care to all its residents and has a duty to the people who live in Barton park and I think the combination of inspectors lack of determination of which legal statute he was quoting, the intention of the creator of the estate and the duty of care possessed by the council to its inhabitants sum up to sound legal objections.”

Councillor and chair of the Eastern Area Planning Committee Mark Connolly said: “We must not look at this from an emotional point of view. I have to look at the facts and support the recommendation made by the independent inspector.”

Paul Oatway added: "The two day inquiry was held and the inspector made some conclusions and that really is the essence of what these decisions must be based on. While I sit here I cannot see that the inspector has made a significant errror on fact of law."

The vote to reject the Village Green application was passed by six votes to two.

Speaking after the decision Mr Mellor said: "The land has been used by local residents since the houses were built nearly 30 years ago, and the application was the only way open to us to establish some status for the land.

"This is a big step forward for us and we would expect the council to treat it like other area of public open space and install some seating and bins etc."

Mr Mellor said that the resident team were seeking legal advice on the inspector's findings and the decision.