A BID to register land as a ‘green space’ in Alresford that has already been used by residents for sport, picnics and celebrations has been refused by the county council.

The application to register Orchard Close  as a ‘town or village green’ was submitted to Hampshire County Council in December 2018.

However, due to the backlog of applications, it was not picked up for investigation until February 2024.

Land cannot be considered a town or village green unless registered. When land is so registered, it grants rights to people in the same area to participate in sports and other activities, not just the ones that led to the land being registered as green.

The land was dedicated for open space in 1988 by the then owner, Percy Bilton PLC, following the residential development of a wider area of land at Tichborne Down.

A planning agreement dated December 1987 between Mr Bilton and Winchester City Council provided for the landscaping and laying out of the land.

This agreement required the land to be laid out and dedicated as public open space.

In 1992, a “Deed of Dedication” between the parties dedicated the land to the council. Since then, the space has become part of the council’s open spaces.

Although ownership was not passed to the city council it has maintained and controlled the place with regular maintenance and grass cutting, making it available for public use.

In the last 20 years, people have been using the land to play football and cricket, dog walk, kite-fly, and attend organised events such as an annual bonfire and fireworks display, birthday parties, and events linked to Halloween.

The requirements to register land as a ‘village or village green’ are very strict, and all must be met.

One of them is the ‘As of Right…’ criteria, which states that the land has been used “without force, without secrecy and without permission.”

The county council, in its capacity as Commons Registration Authority, said that there is no suggestion that people have been using the site “by force or by stealth” and therefore, since the application does not comply with all the requirements, it “should be refused”.

In the decision report, the county council said: “Having considered all of the evidence and submissions received from interested parties, as well as other available evidence and relevant case law, it is considered that the application to register the Application Land as a town or village green the land should be refused."