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25th February 2010

WEYMOUTH: Town green dispute will be heard in high court

by Paul Crompton

A BATTLE to save a Weymouth town green is set to culminate in a David versus Goliath style showdown - which could change case law forever.

A small group known as the Society for the Protection of Markham and Little Francis is set to lock horns with Betterment Property (Weymouth) Ltd on June 8th in a high court hearing to save the green.

Despite an order by Dorset County Council in 2001, which was supposed to protect the 46 acre area, the group has been fighting to stave off Betterment Properties who bought the land in 2004. 

A legal technicality has meant the property development company has been seeking to have the town green status removed through the high court, thus paving the way to build on the land.

Society member, Jill Taylor, who last year campaigned on thefourth plinth in London’s Trafalgar Square, said: “We are still hopeful we can save the green. I think we have a pretty good chance of winning.

“It’s certainly a big thing for the people of Weymouth. A lot of people walk on it in all kinds of weather, there are lots of dog walkers and recreational walkers, as well as people picnicking there during the summer.

“If we win this case it will affect town greens across the country.”

The land forms part of the 100 acres of the open green area between Chickerell Road, Lanehouse Rocks Road and Wyke Road. 

The area, which is used extensively for recreational purposes by the local community was identified in the December 2005 Weymouth and Portland Local Plan as an important open space. 

The court case will be the culmination of tenacious activity by a Weymouth resident, Joan Horne, which led to a public hearing in 2001 resulting in the order by Dorset County Council. 

The Society for the Protection of Markham & Little Francis was re-established in early March 2008 to help defend the status of town green. 

The society has raised around  £45,000  towards the court costs, including employing the services of an eminent barrister to defend the status of the land, 

The case will take place in Weymouth and is booked to last up to three weeks, although the exact location has yet to be confirmed. 

A spokesman from Betterment Properties (Weymouth) Ltd refused to comment on the court case or the company’s intentions for the land should they win the court case.

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