CAMPAIGNERS have failed in their last ditch Appeal Court bid to stop a further education college being built on recreational land.

Washington Forum First, fronted by resident Pamela Beresford, had fought a long legal battle to thwart plans to sell the area, known as the Sports Arena, to City of Sunderland College.

She challenged Sunderland City Council's refusal to register the land as a village green, set aside in perpetuity for the recreational use of local people and immune from development.

Her judicial review challenge was dismissed by High Court judge, Mrs Justice Smith, in November last year, and that decision was last night confirmed by three appeal court judges.

Mrs Beresford was refused permission to appeal to the House of Lords, but may still petition the Law Lords directly for an appeal hearing.

In his judgement, Lord Justice Dyson said the case had raised an "issue of considerable general importance" on the status of village greens never before considered by the courts.

But he nevertheless said it was for the Law Lords to consider whether or not to entertain an appeal by Mrs Beresford.

Mrs Beresford had argued the area had been used for public recreation for at least 20 years and the council acted unlawfully in refusing to register it as a village green.

But Sunderland submitted successfully that residents had never used the site "as of right" - an essential criteria for registration as a village green.

Lord Justice Dyson accepted that the benches laid out for public use and regular grass mowing were indications that the land was only used with the "implied permission" of the council and other public bodies that owned the site previously.

A city council spokesman, who welcomed the decision, said: "It is particularly gratifying to note Lord Justice Dyson's comment that the report prepared for members by the city's director of administration was a 'model of its kind' setting out the facts clearly and fairly."