A COMMUNITY group hopes to have an area of green land, part of which is earmarked for a new crematorium, classed as an "asset of community value."

But a Council report into the application has questioned claims that the land is regularly used by the public, saying any such use would be trespassing.

The Neighbourhood Project CIC in Bierley has applied for a swathe of land off Spen View Lane and Shetcliffe Lane to be classed as an asset of community value, claiming it "provides a green escape for residents."

The area has been used for farm land and for grazing for horses, although there are also public footpaths through the site.

The application was made in November. A little over a month later Bradford Council announced that an area of land off Shetcliffe Lane would be the new location of a new crematorium in the South of the district.

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Another area of the site was subject to a planning application for housing, but those plans have been withdrawn.

If a building or land is classed as an asset of community value, its owners are prevented from disposing of their listed property without first notifying the Council of their intention to sell. Any interested community groups are then given time to bid to buy the property or land.

The Neighbourhood Project's application says: "These grassed fields further the social wellbeing of the community of Bierley by providing grounds which residents may walk on and may exercise their dogs on due to the public rights of way across the fields.

"These public rights of way have been established for well over a century and appear on historic maps of Bierley. Exercising their ‘right to roam’ under the Countryside and Rights of Way Act 2000, many users of these fields regularly deviate from these public rights of way to walk and exercise their dogs generally across the fields.

"As this part of Bierley has now become built up with housing and roads, the fields provide a green escape for residents.

"It would be our intention to ensure that the fields were retained for community benefit and environmental protection, whoever in the end owned and managed it.

Next Thursday Bradford Council's Bradford South Area Committee will decide whether to allocate the site as an asset of community value.

However, a report to the Committee recommends the proposal be refused.

It says: "The land is fenced with gated foot path access for the public footpaths which cross the site.

"The Countryside and Right of Way Act 2000 give a right to roam over certain specified classes of land. The site nominated is not one of these classes and there is no right to roam across the land. Deviating from footpaths and letting dogs run free is therefore considered a trespass.

"The use for recreation is considered to be an ancillary use and is not the main use of the land. No evidence has been provided of the extent of the public use and there is no evidence that the community has maintained the land or enhanced its usability to further social wellbeing.

"It is considered that the recreational use that has taken place has been unlawful and that this use has been ancillary to the primary use of the land and that the use of land does not therefore meet the requirements of an Asset of Community value."

The committee meets in City Hall at 5pm on Thursday January 30.