Campaigners have vowed to keep fighting ‘by all means available’ to keep Stoke Lodge playing fields open to residents.
The High Court decided in favour of Cotham School back in the summer and for the land to be used for the education of its students.
Now the Court of Appeal has ruled this decision cannot be challenged – and the playing fields are not a town and village green, so residents will not have rights to full access to the area.
The We Love Stoke Lodge campaign, which fought to win village green status and make the land legally available to use for local people, said it would continue to fight.
Leaders wrote in a statement: “Stoke Lodge has always been and should remain accessible to all who want to enjoy it. We will continue to protect this precious open space, its trees and its wildlife, by all means available.”
The campaigners have recognised they can no longer fight to win village green status and are focusing on the public rights of way – calling for the council to enforce footpaths.
The school has welcomed the news and is building a new fence around most of the 230-acres of Stoke Lodge fields.
In a statement, the school wrote: “The Court of Appeal has refused leave for Katherine Welham [one of the Stoke Lodge campaigners] to appeal against the High Court decision that Cotham School Playing Fields at Stoke Lodge are not a town and village green.
“This is great news for Cotham School. We will continue the process to get back to using our fields.”
It added: “The safety and protection of children in our care is paramount and non-negotiable. The fencing is not optional; it is a fundamental safeguarding requirement that enables the school to use the land safely and responsibly.”
This is disputed by We Love Stoke Lodge, who say: “Children can be kept safe by other means than mile-long perimeter fences.”
The grounds of Stoke Lodge, in Stoke Bishop, are leased by Bristol City Council to Cotham School to use as playing fields.
But the school, which does not have sports pitches at its main site, stopped using Stoke Lodge several years ago because of the battle with locals. It moved its games lessons to the Golden Hill sports ground.
Earlier this autumn, the council’s economy and skills policy committee not to issue an “Article Four Direction” over the site because of the expense and time involved.
This would have removed the permitted development rights, which would have meant the school would need to apply for planning permission for a replacement fence.
Cotham School began rebuilding a replacement perimeter fence the day after the committee’s decision, to the fury of We Love Stoke Lodge, which says rights of way are being blocked and too much of the open space is being enclosed.
Both sides have incurred huge costs in the row, which has been going on for years, and councillors have urged mediation.
The school has said it is ‘committed to open communication’ with residents, youth sports parties and other key stakeholders.
We Love Stoke Lodge said in its statement: “The school has made public statements about ‘community collaboration’ and ‘improving local spaces’ but in fact has added extra bits of fencing to prevent anyone walking around the perimeter of the land outside the fence. Some of the perimeter fencing currently obstructs public rights of way. “
Helen Powell, from the campaign, told councillors last month: “We can’t trust any promises of access or cooperation from the school; they have so often proved to be worth nothing.”