RESIDENTS in Lychpit have been delivered a blow in their battle to save a green space from development.

An error made by Basingstoke and Deane Borough Council meant it lost control of land in Broadhurst Grove, after it forgot to follow through with an agreement to buy the site from the former owner.

When the estate was built 40 years ago, a section 52 agreement was signed to protect the land.

But the council delayed enforcing the agreement to have the land handed over when the estate was finished, and it is now in the hands of developers who bought it at auction last year for £8,000.

Now, residents fear the land could be developed after the council informed them this week that it is “unlikely” they can force the owners to hand over the open space.

This is despite residents previously being told by the council that the section 52 agreement would protect it.

Councillor Gill Moore, from Old Basing and Lychpit Council, told the Gazette that residents raised the money to buy the land, but did not purchase it because they were assured by the council that the section 52 agreement would protect it.

She said: “I’m absolutely furious because our borough councillors said section 52 will protect it and they were talking a load of rubbish.”

She added: “To be told by legal experts at the borough and to tell the councillors that it was all safe and okay, it’s outrageous. We won’t give up.”

The letter sent to residents from the council’s legal services manager, Ann Greaves, said: “I realise that this letter will come as a blow to local residents but there does not seem to be any prospect of being successful in enforcing the transfer of land against the new purchasers.”

Council leader Cllr Ken Rhatigan told the Gazette: “The council understands the concerns of the residents and has been investigating the section 52 agreement made between the original developer and the council in 1979, relating to land at Broadhurst Grove.

“After seeking specialist legal advice, the council has been advised that the section 52 agreement requiring the transfer of this open space by the owner to the council is unlikely to be successfully enforced.

“We are continuing to explore other options to protect this land as a matter of urgency, including protection through our Local Plan update. Any proposals for the land would need to be judged against the policies of the Local Plan which protect open spaces subject to a number of criteria.

"The trees on site are covered by a Tree Preservation Order which prohibits their removal without the council’s consent.”