RESIDENTS look set to lose out again in a battle over controversial playing fields in Brierfield which are wanted for one of Pendle's new super schools.

An application has now been made to County Hall to recognise a 'public footpath' running across Benthead playing fields, which is set to the be the site of the new Marsden Heights Community College.

They hope the bid will scupper Lancashire County Council's bid to construct the school on the site.

But bosses of the county council believe the bid should be rejected as it was not an official right of way.

The move comes after residents last week lost a bid to have the playing fields listed as a town green, which would have also prevented development.

Land at the former Edge End High School in Hibson Road and the former tennis courts at Mansfield High is set to be swapped for the fields, to enable the delayed Building Schools for the Future project to begin.

But nearby householders claim though that the route across the playing fields is a right of way' and have submitted 26 claim forms, suggesting the path has been used for up to 60 years.

The path is popular with dog walkers and for recreational use, and is often used as a shortcut between the Walverden area and local shops and amenities, they say.

Under the application, the claimed route runs from Mansfield Crescent to link up with a recognised public footpath, running along the boundary of Benthead allotments, from west to east.

Land owners Pendle Council has lodged a formal objection, disputing claims that the path was regularly used.

The authority's submission includes the fact that the claimed path runs across the cricket ground's outfield, and so would not be freely available during the summer months.

Despite some evidence of a path being in existence since the 19th century, when the playing fields were part of Benthead Farm, Lancashire County Council lawyers also believe the bid should be rejected.

County solicitor Jane Blackledge said: "It is suggested that no reasonable landowner can be presumed to have distinguished between users exercising their right to use the land by right' and the few who may have been using it as of right'.

"As result the landowner had no opportunity to decide whether or not to dedicate a public right of way or to take steps to prevent the same."

Earlier this week headteacher Mike Tull had welcomed the rejection of the town green bid - the Marsden Heights school was supposed to begin construction last September.

The matter will be discussed by councillors at a meeting of the regulatory committee tomorrow (weds) at county hall.