Potential buyers of Billingshurst land warned: 'You can't build here'

A number of residents expressed concerns when it was revealed this week that the land at Birch Drive is to be sold by online auction on December 8.

Many raised fears that the land could be developed if it was sold off.

The property – with a guide price of £5,000 – is on sale through agents Rightmove and is being marketed by London-based auctioneers McHugh & Co who describe it as ‘freehold land with road frontage of approximately 11,200 sq ft.’

Now West Sussex County Council, which maintains the land but does not own it, is warning the auctioneers that the land is protected and has ‘village green status.’

Earlier this week, the council said that the land did not have such status, but now says that it has looked into it further. A spokesman said: “We can now confirm that this land is in fact a village green. We apologise for any confusion.”

He said that the council was contacting the auctioneers to clarify the situation.

"Village greens are protected by section 12 of the Inclosure Act 1857 and section 29 of the Commons Act 1876. Section 12 makes it a criminal offence to do anything which injures a green or interrupts its use as a place for exercise and recreation.

"Section 29 also makes it an offence to permanently encroach upon or enclose a green, or to build upon or disturb the soil of a green otherwise than with a view to its better enjoyment.

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“The land can still be sold but the village green status will still remain. It is possible for the freeholder to apply to de-register the land, but there is a process that would have to be followed, which allows for consideration of objections by the Planning Inspectorate.

"This would be in addition to any application for development and removal of the highway status which this land also has.”

Worried villagers had earlier considered clubbing together to try to buy the land to protect it from development.