CAMPAIGNERS remain convinced a crucial piece of ground will be declared a town green despite the county legal officer opposing the proposal.
Barnard Castle Town Council has applied for the grassed area in front of the former police station at Bede Kirk to be declared a green but Durham Police are hoping to sell it off for housing.
A decision is to be made during a meeting of the county’s highways committee at St Mary’s Parish Hall on Friday, May 11.
Now campaigners, who claim ancient human bones have been found at the site, are urging as many people as possibly to attend the meeting which starts at 11am.
The highways committee will visit the site at 9.30am ahead of the meeting.
The town council, in its application, submitted evidence from 18 people showing that the area has been used for leisure and recreation purposes but this was not enough to convince Durham County Council’s head of legal and democratic services, Helen Lynch.
In recommending the application for refusal, she said: “The level of use borne out by the evidence is insufficient to bring it home to a reasonable landowner that village green rights were being asserted.”
For an area to be considered for village or town green status, it has to have been used by a “significant” number of people over a period of 20 years before the application was made.
Ms Lynch said of the 18 people, only three gave evidence of it being used over the 20-year period.
Another gave evidence of it being used over 19 years, while two showed it had been used for more than 20 years.
She found that six people gave evidence where the date was unclear, four covered a period from early 2000 onwards and one gave evidence of use from last year.
She added: “There is no information given as to frequency of the claimed use. It is considered that there is insufficient evidence of use of the application land for the whole of the qualifying period and continuing up to the date of the application.”
Sophie Ebeling, who opposes the sale of the land for housing, remains undeterred by the recommendation and questions what a “significant” number of users means.
She said: “In a way it was to be expected because they define what is enough.
“But I think we have a good chance still and we will make a representation at the meeting. We have a strong belief in democracy. It is up to the council to decided what is the best. We are not going to be bullied by the police, and the police solicitor, about what we do.
“It is all a bit sad. We are not going to be bullied by that and we look forward to the meeting.”
She added that she was happy the committee would visit the site to see how important it is to have green space among housing, particularly along a busy street.
Ms Ebeling said: “Trees are useful to filter the air next to a busy road. The trees have just come into bloom and they are doing important work for people’s health. A kite was spotted there last year, so there is wildlife too.”
The retired archaeologist said the area remained significant from a historical point of view as it was the site of an ancient Anglo-Saxon church and human bones had been found there recently. She said: “I find that quite difficult to stomach – to build over the bodies of our ancestors.”
The human remains were found three weeks ago by a young girl who was helping plant seeds to repair a trench dug by archaeologists earlier this year.
The youngster found the pair sticking out of the ground.
Town mayor Cllr Mrs Sandra Moorhouse said: “I am delighted that the county council’s highways committee is coming to Barnard Castle to see Bede Kirk at first hand and to make its decision in the town. This is a wonderful opportunity for the community to demonstrate just how important the trees and green space at Bede Kirk are for local people. The town council hope would really welcome the support of local people at the meeting, to underline how important the green space at Bede Kirk is.”