ALMOST £160,000 of public money has been spent fighting a legal battle to build social houses on the Trap Grounds, Oxford The Oxford Times can disclose that Oxford City Council spent £159,513 on its failed legal bid for permission to build 45 affordable homes on the North Oxford land.

Late last month, the House of Lords delivered a 62-page ruling on the future of the land near Port Meadow, stating campaigners could apply to register it as a town green on the basis it had been used for recreation for more than 20 years.

But the long-running saga is not yet over.

If County Hall decides to register the Trap Grounds as a town green the game is up for the city council.

Since 2002, Oxford City Council has spent the following on fighting the Trap Grounds battle: Public inquiry (2002/3) £11,500 High Court hearing (2004) £37,650 Petition to House of Lords £7,100 Court of Appeal hearing (2005) £37,263 House of Lords hearing (2006) £59,000 Additional disbursements (court fees, agents, etc) £7,000 Independent Working Class Association city councillor Claire Kent said: "We are sure this will madden Oxford's taxpayers, who will, of course, be footing the bill.

"This money didn't need to be spent, I think it was a case of middle-class people not wanting commoners up there.

"But that was not the reason we were against it.

"We were against it because we didn't feel it was a very suitable place for social housing because it's a floodplain."

Under the 1965 Commons Registration Act, land has to be used for 20 years by a significant number of people for lawful sports and pastimes.

The complex case is expected to act as a precedent for other town green registration battles across the country.

In March 2005, Court of Appeal judge Lord Justice Carnwarth backed the Town Hall and said the land should be registered as a town green.

But pressure group Friends of the Trap Grounds sought leave to appeal to the House of Lords where three law lords agreed the case should be heard before five law lords.

The county council has appointed a barrister to examine the possibility of registering the Trap Grounds as a town green.

His recommendations will eventually be considered by the authority's planning and regulation committee.

A spokesman for Oxford City Council, said: "The application to register the Trap Grounds is with the county council.

"The county council are to determine that application and will need to do so in light of the judgement from the House of Lords."

Howard Perkins, Oxfordshire County Council's chief solicitor, said yesterday: "Following the decision of the House of Lords, the council has contacted the inspector again to ask him to make another recommendation, based upon the new law, as to how the council should now finally determine the application. We are currently awaiting that recommendation.

"When it comes in it will be considered by the planning and regulation committee we are hoping that will be soon but cannot give a date."