PROBATION service chiefs say they are using a bail hostel public inquiry as a test case.

They want to win this summer's inquiry to establish a principle that the public fear of crime cannot be brought into a planning issue.

Chester-le-Street District Council owns the land, next to the Civic Centre, which has been earmarked for the 25-bed development.

Keith Norman, of County Durham Probation Service, said it was determined to proceed with the public inquiry to set an example, and contrary to what was earlier believed, the land could not be compulsory purchased after the inquiry.

He said: "We are trying to establish a principle. That is if the fear of bail hostels is to be taken into account it should be based on fact, not propaganda.

"We are committed to that piece of land because it is perfect for our needs.

"The land cannot be compulsory purchased by us so the council can still say to us that they do not want to sell the land."

At a meeting of bail hostel protestors this week, Kevan Jones, Labour's parliamentary candidate for Durham North, called on the Probation Service to rethink its proposals.

"They should have another series of meetings with councillors, police, and most importantly residents to try and establish a more suitable location for a bail hostel somewhere in County Durham," he told the meeting, at the town's Greenbank Club.

He then turned his attention to the council. He said: "As far as I am concerned the probation service does not have the authority to compulsory purchase land for bail hostels from councils. Therefore, there is no need for the council to sell that land to them."

A Chester-le-street council spokesperson said yesterday: "We cannot stop the appeal. Only the probation service can stop it. Even if we passed a resolution not to sell the land it would not necessarily stop the inquiry."

A spokeswoman for the Home Office said it would not purchase the land, and that it was happy for planning procedures to run their course.