AN effort by environmental campaigners to preserve playing fields in Pendle by declaring it a town green looks doomed to fail.

Education chiefs want to use Benthead Playing Fields, in Brierfield, as part of a swap deal with owners Pendle Council, so the delayed Marsden Heights Community College project can finally go ahead.

But Brierfield Environmental Group wants to safeguard the land, off Halifax Road, for future generations, by giving it town green status.

Now a report has been drawn up by the county council's own commons and town greens sub-committee, recommending that the proposals should be refused.

Protesters say that the land has been used by Brierfield residents for sports and pastimes for more than 20 years.

But Lancashire County Council property experts, referring to a 1920 covenant drawn up by the former Brierfield Urban District, says the use has been "by rights, rather than "as of right", which would disqualify it from becoming a green.

The former district council also drew up a number of bylaws, clearly defining what could, and could not, take place on the land.

Another objector, Pendle council, says that the land, while used as playing fields, has been fenced off - and public notices posted prohibiting unauthorised use of the land.

Val Johnson, from the county council's chief executive's office, says in a report to the committee: "Taking all the evidence and iinformation about whether the use of the land has been as of right' into account, it is suggested that the points made by the objectors are valid points.

"It is advised that on balance the sub-committee may consider that the use of the land throughout the period since 1920, up to the application being made, has not been as of right'.

"And because of that the definition of a town or village green cannot be justified in this matter and the sub-committee may consider that the application be rejected."

Education officials behind the Building Schools for the Future programme want to exchange the old Edge End High site at Hibson Road and the former Mansfield High tennis courts, for the playing fields, where the new school can be built.

If the playing fields are given town green status then the Marsden Heights venture, managed by the council by chosen partners Catalyst, would have to go back to the drawing board.

Work on the superschools, Marsden Heights and Pendle Vale, is currently behind schedule. Building problems have caused the Pendle Vale scheme to be behind schedule but education officials are confident it will still be open for business next September.

The start of work on Marsden Heights has been postponed until the playing fields issue is resolved.

The town greens sub-committee meets to decide on the Brierfield application on Wednesday, November 28, at 10.30am in Cabinet Room C at County Hall in Preston.