The council has refused an application to turn an area of land in Cumbria into a designated village green.

Members of Eden local area planning committee for Westmorland and Furness Council turned down an application by Nicholas Lindwall to register land next to Abbot House in Rosgill as a village green following a public inquiry conducted by an independent inspector.

A report by inspector Alan Evans concluded: “There has not been use of the application land by local inhabitants for sports and pastimes of an amount sufficient to appear to a reasonable landowner that a right to indulge in such activities on it (or any of its component areas) was being asserted; and, in any event,  there has not been user of the application land by local inhabitants for sports and pastimes for at least 20 years which has continued to the time of the application.”

The committee heard that for an area to be registered as a village green a ‘significant number’ of inhabitants must have taken part in lawful sports and pastimes on the land for a period of 20 years and continue to do so at the time of the application.

According to the government village greens can be used for sports and recreation, for example playing football or walking your dog and village green status prevents development taking place on the land.

Representing the main objectors to the application, the owners of Abbot House, Rodney Blezard from Bell Park Kerridge Solicitors said: “Having carefully considered the inspectors report, we followed the logic of that report, and we have no objection or issues with the recommendations that the inspector has made.

“We support the officers’ recommendation that the application to register the land at Rosgill as a village green should be refused and that the application should be dismissed.”

In 2021, an application was submitted by Nicholas Lindwall for the land to be recognised as a village green as it has been used since ‘time immemorial’ as a place for social interaction and leisure.

The application states: “The villagers have maintained the area for many years by cutting the vegetation when necessary, potholing the tracks, and made some introductions of plants.

“Although this is a small area of land, including the three tracks which are now designated bridleways, it is of special importance to the village of Rosgill and the surrounding neighbourhood.

“Rosgill lies between the villages of Shap and Bampton, and this area is a valuable meeting place and destination for those travelling between the three villages.”

The application land consists of three different sections, a triangle which measures 15 metres at its widest, a strip of land 30 metres long and 4 metres wide as well as an ‘irregularly shaped linear area’ which is 60 metres long and extends to 10 metres in width in places.

However, the application faced opposition from the owners of Abbot House and other representations.

According to the inspector’s report, the opposers to the plans stated the activities consisting of walking, dog walking, running, cycling and horse riding were referable to the use and enjoyment of the bridleway and ‘perhaps deviation’ from it on occasion.