SIR - Recently supporters of the village green application on the Boulton Lane field have received a letter from the county council stating that the application had been refused for the reasons set out in the inspector's report.

This over simplifies the true facts. There are five points of objection from the county, supported by Dursley Town Council, against the application.

These were: (1) Indulgence in lawful sports or pastimes; (2) As of right; (3) For not less than 20 years; (4) Land area change; (5) By the inhabitants of a Locality.

On four of these five points the inspector found in favour of the applicant and only the last one: "by the inhabitants of a locality', for the County. In this one "locality" was determined by section 22 of the 1965 Act and taken to mean use by the whole of the town of Dursley. This Act has now been superseded by the Countryside and Rights of Way Act 2000 where a "neighbourhood within a locality" can be considered.

I quote the inspector's report: "The appropriate test in respect of this application is that set out in section 22 of the 1965 Act prior to its amendment". He then says: "I would add that this conclusion may be thought, in the circumstances, artificial and unsatisfactory. This is because it was plain to all parties that whatever use had been made of the site immediately prior to application, that use was continuing up to the date of the inquiry. It seemed to me that it would be open to any applicant to make a fresh application and to have considered the user of the site up until the hearing date, pursuant to the new definition".

In an effort to save them more cost and delay the inspector offered to "express a view as to the outcome that would arise in those circumstances". The county, however, insisted that the 1965 Act be used. They are continuing to pursue that same motive - hence the signs recently erected in the field in their search for an alternative objection.

A new application is being made under the 2000 Act and I would ask all those wonderful people who filled in forms, gave evidence at the inquiry or both, to continue their support of the new application.

New supporters will be welcome and that includes our town council who should reconsider their attitude to this area helping to ensure that the whole of this open space is kept for recreational use for the benefit of its neighbourhood and the whole town.

Jack Redfern, Five Acres, Dursley