Ryhall Parish Council had applied to Rutland County Council for a field off Ryhall Meadow to become 'common land', but after instructing a barrister to look at the case, the authority refused the bid on 15th May. 

A number of the county council's planning committee members expressed their unhappiness with the situation but said there was no other option. 

Cllr Abigail West (Lib Dem – Cottesmore) said it was an 'incredibly quirky situation' and that she had quite a lot of sympathy for villagers, 'but said: "The legal position is unfortunately what it is and so I think in many ways our hands are tied. I don't think we have much option other than to reject the application." 

Last year, Ryhall Parish Council requested the county council (which has the role of the Commons Registration Authority) legally allocate the space, which has been used by dog walkers and as a leisure area for decades, as a common. 

As part of the bid the council had to prove that 'a significant number of the inhabitants, had indulged as of right in lawful sports and pastimes on the land for a period of at least 20 years.' 

At the time the parish council was unaware who owned the land, but during a public consultation landowner Mr Robinson came forward and submitted evidence that the land had been subject to an environmental stewardship agreement and that he had granted permission to the villagers to use it. Therefore, they had not used it 'as of right' which was what they had to prove to have it allocated as common land. 

After the planning committee failed to make a decision in February, they asked a barrister, who said the environmental stewardship was 'fatal' to the parish council's application. 

At last night's planning committee meeting Cllr Karen Payne (Con – Ketton) asked what would happen if they voted against the officer's recommendation to reject the application. 

The council's solicitor Charlotte Lockwood said there was no right of appeal against the decision for villagers and they would have to take it to a judicial review if they thought the decision had been made wrongly.  

Cllr Ray Payne (Lib Dem – Oakham South) said: "We all regret the situation we are in but having asked a barrister to give us their opinion, I think we are duty bound to follow that opinion because otherwise it makes the whole process look more silly.  But it is a pity, I think we all find that." 

The committee voted unanimously to reject the application.