ENVIRONMENTALISTS are claiming victory in their bid to register the Trap Grounds, Oxford, as a town green.

The Law Lords this week delivered a 62-page ruling on the land near Port Meadow in the test case between The Friends of the Trap Grounds and Oxford City Council.

The city council wants to build 45 affordable homes on the site, but the FOTG has blocked the scheme by claiming the site has been used for many years by the public.

The FOTG said the law lords had indicated that they could now apply to register the scrubland as a village green on the basis of 20 years of dog walking and other recreation.

The judges stopped short of advising the county council, which is the registration authority, what decision to take, but urged the council to make the final decision.

The case was heard at the House of Lords last month following years of legal wrangling, and has nationwide implications for those seeking to register land as a public green.

Chris Goodall, a spokesman for The Friends of the Trap Grounds, said: "This appears to be wonderful news. The Friends will now submit an application to the county council for them to register the land as a Town Green.

The legal battle has focused on the definition of what constitutes a town or village green.

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

However, the law was amended by the 2000 Countryside and Rights of Way Act, to stipulate that inhabitants must still be using the land for those purposes at the date of the application.

Louisa Dean, a spokesman for the city council, said: "Our solicitors are carefully considering the judgement." Paul Smith, a spokesman for the county council, added: "The county council will now digest this."