TWO council signs may have helped sink a bid to win village green status for a piece of recreation land.
For years people at High Pittington, near Durham City, have used the Buddle, a reclaimed colliery site owned and maintained by Durham County Council.
The parish council wants protection for the land to stave off the threat of the Durham Aged Mineworkers Homes Association building eight pensioners bungalows on part of it.
But the county's licensing committee has rejected the application, paving the way for the development to proceed.
The parish argued that the area met the legal criteria for a village green as it had been used "as of right'' for 20 years.
But the county said the application should fail because it had given implied permission for general use and permission for one-off activities such as bonfires.
County solicitor Pat Holding told councillors who visited the site that the council put up signs saying that it gave permission for access to the land three weeks before the 20-year qualifying period expired.
She said: "There must be continuous use of the land for 20 years without express or implied consent. It is clear there was express permission for the public to go on the site and enjoy it.
But the parish's barrister Nicola Allan said that the law allowed the committee to disregard installation of the signs because it was in the last year and resulted from the registration claim.
"If the county council were confident that a right already existed why did they suddenly go out and put up a sign?'' she added.
Afterwards parish clerk Peter McCutcheon said: "We are disappointed as will be the villagers, especially those who took the trouble to support the application.
"The signs played a big part in it. They (the councillors) should have realised the council put them up when it got wind of what was going on.
"I don't know what we'll do. I'll have to speak to Nicola to see what happens next.''
He said the parish would follow the Washington First Forum's appeal to the House of Lords, which could strengthen the law on village greens.
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