IT WAS a partial victory in the battle for village green status for Highworth’s Windrush estate last night.

While residents were ‘thrilled’ the patch of land was saved from future development after a vote by Swindon Council’s Footpaths and Rights of Way Committee, there was disappointment that one area of green space remains temporarily off-limits.

A 20ft patch of land, fenced off by Barra Close homeowner David Curtis in April last year, had originally been included in the application by village green supporters.

But last night members of the Committee, sitting at the Civic Offices in Euclid Street, were unable to make a decision on whether Mr Curtis should be forced to tear down the fence, because a lack of evidence from the applicants prevented them.

Instead, the applicants must re-apply to have the fence removed so the land may be included under village green status.

Mr Curtis, 54, who claims he has tended to the patch of land at the bottom of his garden for 15 years, said he was thoroughly disappointed by the decision.

“I am not against the village green application at all,” he said.

“I just can’t see why that little bit of land at the bottom of my garden – that I and I alone have tended to all these years – should be part of it.

“It wasn’t until I applied for adverse ownership of that strip that the whole village green application came up anyway. I think this could all be settled amicably if both parties just sat down and discussed it calmly.”

In order to achieve village green status, applicants must prove that the land subject to the application has been used as of right by a significant number of residents for sports and pastimes for at least 20 years.

In the 35-minute meeting a solicitor acting on behalf of Mr Curtis, said the application did not provide sufficient evidence to show the fenced off land had ever been used, citing ‘significant access issues due to overgrown shrubs prior to it being fenced off’ The committee, chaired by Coun Dale Heenan, supported the applicants in awarding village green status, but rejected the officers’ recommendation to turn down the application in respect of the fenced-off land.

Speaking after the meeting applicant Ken Saunders said: “We plan to reapply within the next few days to see that area included in the status.

“I have lived in Highworth for more than 30 years and have seen many children use that area of land for games.

“It is one of the few areas where parents feel content to leave there children to play because of the amount of houses that overlook the area.

“It is very popular with young children and their families and it would have been a shame to see the status turned down. I am thrilled that didn’t happen and we will now plan our next application to complete what we set out to do.”

Coun Heenan added: “The Council is in a difficult position on this. We have two sets of residents with opposing views.

“Tonight the Footpaths Committee did create a village green which both residents agree on.

“However there was an element of the application which could not be decided on and that is something we will need to address at a later date.”