A COUPLE who battled to stop a school being built on a "village green" in York say they are upset that their fight looks set to fail.

Kate and Simon Youngjohns, of Stephenson Way, York, have spent the last year trying to get Victoria Park off Leeman Road registered as a village green to protect it from development.

The couple objected to plans to build the new St Barnabas School on the site, saying the land was used by walkers, horseriders and children.

But following a two-day public inquiry, held last month, an inspector has recommended that the land should not be classed as a village green.

As reported in later editions of yesterday's Evening Press, members of City of York Council will be urged next Monday to accept the inspector's recommendation, enabling the school scheme to go ahead.

Mrs Youngjohns said: "I am very disappointed. And I think, not just us, but a lot of people, both within Leeman Road and other parts of the city, will be saddened that a beautiful piece of open land will be lost."

The Youngjohns' claim was lost because of a complicated legal technicality. For land to be classified as a village green it must be used by the public without permission.

But during the inquiry, City of York Council, which owns the land, submitted evidence that the public were using the land for sports and pastimes with its permission.

Mrs Youngjohns said they had been contacted by 78 households, offering their support.

She said: "It's a shame all our work hasn't paid off. I have lived in the Leeman Road area for nine years and one of the reasons I really enjoy living in this area is this piece of land.

"I strongly believe that what the council is doing with this piece of land is wrong. I am not saying a new school isn't required, but I am saying this is the wrong site.

"There are a lot of other brownfield sites that could be used.

"Even though I've been unsuccessful, if I had my time again I'd do exactly the same."

She said the land was used almost constantly by people walking their dogs, jogging, flying kites or playing frisbee.

Mrs Youngjohns believes the loss of the land will be even more acutely felt when York Central is developed, increasing the size of the population in the Leeman Road area.

The plans for St Barnabas School is part of a £25 million Private Finance Initiative (PFI) plan, which will also see new schools at St Oswald's, Fulford and Hob Moor School, Acomb.

Updated: 10:49 Tuesday, May 18, 2004