CAMPAIGNERS have lost a High Court battle to save a prominent village green from development.
The hearing at the High Court yesterday, saw the judge rule that Clayton Fields is no longer a designated village green – paving the way for future housing development.
The move comes as a huge blow to Clayton Fields Action Group which has fought for more than a decade to safeguard the land for public amenity space.
Group secretary Mike Hardy, said: “Unfortunately Clayton Fields falls between Edgerton and Birkby and the law at that time made it clear that a village green had to be in a single locality, not two.
“Also, although not known to us at the time, the locality had to be ‘an administrative area known to law’ such as an ecclesiastical or civil parish. Sadly, we fail both these tests.
“The judge tried to help us as much as possible but was not possible to define a suitable locality for Clayton Fields that passes the legal test.
“We are disappointed with the decision and will look to see if there are other options to safeguard Clayton Fields.
“Once we have exhausted all of these we may look to work with the developers to ensure any proposed development is suited to the area and ideally would encompass an area for recreational pursuits.”
The judgement came after Bill Magee, chairman of the Clayton Fields Action Group, and fellow member David Bowen, fought a five-day High Court case against Clayton Field’s owners Paddico (267) Ltd.
Paddico’s bid was supported by Prospect Estates, the proposed developers of the site and legally represented by the sixth largest law firm in the world.
In passing his judgement, Mr Justice Vox expressed his ‘disquiet’ with the outcome but said “justice demands” that the village green designation, put on the land in 1997, be rectified.
The field is popular with walkers and has been a popular sledging site for decades.
Paddico was unavailable for comment yesterday.
