HOPES that a much-loved community garden could get the same protection as historic village greens are likely to be dashed next week.

A council committee is due discuss an application made in September last year, by campaigners who are fighting to protect Holgate Community Garden on Upper St Paul’s Terrace. The garden lies in the path of one possible route which a new access road could take, to link Holgate Road to the York Central development site.

The Friends of Holgate Community Garden group has already succeeded in having the land listed as an asset of community value, but were pushing for the stronger protection of village green status.

In their application, the said the garden provides much-needed open space in a area of terraced houses with small yards, and is an important community meeting place which is well used by groups like the out of school club.

However, papers prepared for a licensing and regulatory committee meeting next week show that as people have been using the land by permission and not because it is their right to do so, their hopes cannot be fulfilled.

The report says: “If the land is registered as a village green, it will be subject to statutory protection and give local people the right to indulge in sports and pastimes over it on a permanent basis. The land must be kept free from development or other encroachments and nothing should be done which will interfere with these activities.”

As the site does not meet the “as of right” permission, the report shows that councillors only have the power to either refuse the application, or to not determine it.

The campaigners are hoping that evidence they gathered - about the site being used for decades by people in the area - will help as they keep fighting the road plan.

Chris Barratt, a member of the Friends group, said: “We are certainly still hopeful

“This route in particular may not be going any further, but some of our arguments have been strengthened through the process.”

Later this year another consultation is set to launch on the York Central site, including the access road, and Chris said they are reviewing their evidence and plan to put their point of view across again as soon as they can.