AN application to protect a much-loved 'green lung' in the centre of Malvern by having it declared an Asset of Community Value has been rejected.

But Malvern Civic Society, which made the application to protect Hayslan Fields, says it will contest the decision by Malvern Hills District Council.

The civic society made the application after plans to develop the field for housing were thrown out on appeal last summer following a two-year planning battle.

Amanda Smith, the council's community services manager, said: “The council has determined that the nomination does not meet the definition of an asset of community value as set out in section 88 of the Act”.

Society chairman Clive Hooper said: “The society will be lodging a complaint on the grounds that the conclusions reached are not consistent with the requirements of Section 88 of the Localism Act, nor MHDC's stated views regarding the fields' value to the community as amenity land.”

The Localism Act 2011 provides for buildings or land to be protected where they used for the well-being or interests of the community. Once a site has been designated as an Asset of Community Value, if it is ever offered for sale, the local community is given the opportunity to make a bid for it.

The field is crossed by public footpaths and is much used by dog walkers and others, as well as providing a short cut for walkers between the Pickersleigh Road area and the town centre.

Mr Hooper said: "It seems the MHDC officers are implying that there is no actual current use of the land. Yet these rights of way pass through the fields, giving access to them, and the community clearly is enjoying and benefitting from them.”

“The rejection also goes against comments made by the appeal inspector in her report after the public inquiry which rejected the application to develop the land for housing. She had noted that 'Hayslan Fields is significant in helping to meet the community’s needs for access to and across open space for recreational purposes and for health and well-being'.”

Jeff Williams, chairman of Pickersleigh Residents Group, which organised opposition to the housing plan, said: "I'm struggling to understand the logic of the council's decision.

"The South Worcestershire Development Plan inspector, the council's own planning committee and the appeal inspector all spoke mabout the importance of the land to the community."