Green-belt protesters celebrate victory in court fight

Yeadon Banks was registered as a village green by Leeds Council in 2007 and local people have fought in the courts to stop developers overturning the decision.

The Supreme Court has now refused to allow Leeds Group plc to appeal against a Court of Appeal ruling that Yeadon Banks should be registered as a green.

According to campaigners, the decision means that the registration of Yeadon Banks is now confirmed and the 12-acre site – some of which is owned by Leeds Group – cannot be developed.

Doug Jones, of Keep Yeadon Banks Green, who successfully applied for village green status, has had to fight an appeal in the High Court and then two in the Court of Appeal.

He said: “I am highly delighted with this excellent result; we’ve been waiting for this for many years.

“All our years of hard work have paid off – and we couldn’t have done it without the wonderful support of the Open Spaces Society.”

Mr Jones, 81, said he was hopeful that the battle was now over after many years of fighting to prevent Yeadon Banks becoming a housing site.

But he fears the developer may still come back with fresh grounds to appeal to a European court.

He added: “I am delighted the Supreme Court has turned them down; I just can’t see how they (Leeds Group) can come back with new grounds for appeal.”

The retired BT engineering instructor said he wanted to encourage others to apply for village green status to protect those open spaces which have been enjoyed by people for generations.

But he warned that developers would not give up land without a fight.

“I would encourage people but I would add the warning that they could be in for a long haul.”

The legal battle has been backed by the Open Spaces Society, a group which has been supportive of fresh applications for village greens.

A spokeswoman said: “Land can be registered as a green if local people have used it for informal recreation for 20 years, without being stopped or asking permission.

“Last December the Court of Appeal rejected Leeds Group’s case that the landowner had been prejudiced by a change in the law for registering greens during the 20-year period during which local people had been exercising their rights there, and that it breached the landowner’s right to peaceful enjoyment of his land under the European Convention of Human Rights.

“Leeds Group applied to the Supreme Court for leave to appeal against this judgment.

“The Supreme Court ruled that the point of law was not of general public importance, it did not consider the Court of Appeal was wrong, and resolved that the matter had been exhaustively considered.

Nicola Hodgson, for the Open Spaces Society, said: “We are relieved that Yeadon Banks is at last safe. It has been a long battle, involving the courts many times over.

“We are grateful to Doug Jones for pursuing the case with such courage and determination, and to his lawyers, Mr Robert Williams of Counsel, and Mr Jerry Pearlman of Zermansky.

“This has established an important point of law, as well as preserving a much-valued open space for the community.”

No-one was available to comment from Leeds Group.