AN ACTION grouped formed to try to safeguard the future of a greenfield site in Dursley has vowed to fight on despite the news that its application for town green status has been refused by Gloucestershire County Council.

Members of the Boulton Lane Action Group had applied to have the county council-owned land registered for town green status after outline planning permission for housing on the site was received.

The action group gave evidence during a three-day independent public inquiry in March to try to save the playing field of the former Dursley Primary School.

The group has heard that the council's commons and rights of way committee has refused their application to retain the green site after the independent inspector recommended that the application to register this site as a town green should not be granted.

Group member Tom Cadman, who submitted the application for green status in 2000, said all is not lost.

"As the application was made before the change in the Countryside and Rights of Way act in 2000 it had to be decided on the old law," he said. "But in the inspector's report it was made clear that if the application had been made under the new law there was more chance that it would succeed."

Under the initial application the group had to prove that the green had been used by the whole of the parish of Dursley for a period of 20 years.

Mr Cadman added: "With the new legislation we only have to prove the green has been used by a neighbourhood or an area of a parish in order for it to be retained. We already have proof that a specific neighbourhood has been using this green so will reapplying. We hope that given the change in law we can now be successful in retaining the area as a town green."

A spokesman for the county council said that the refusal was made on the basis of the inspector's report.

"The inquiry has found that the occasional use of the field by adjacent residents does not support their claim to a perpetual right to the land as a town green," he added. "Since the closure of the Union Street Infants school the county council has been pursuing the future of the site through the planning process.

Deputy leader Cllr Liz Boait added the county council believes the planning authority should make the decision on the future of the site.

"The council believes that Stroud District Council as the planning authority should decide the future of the site through the democratic process," added Cllr Boait. "Until the district council has decided on the future of the site through their planning process the county council is happy to continue to allow local residents to walk their dogs there. This is on the understanding that this does not create a permanent right."