CAMPAIGNERS fighting to protect a Cradley park from developers have lost a bid to overturn a decision which could have stopped it being used as access to a retirement village.

The Friends of Homer Hill Park had complained to the Charity Commission calling for it to review its earlier agreement with Dudley Council that trust land could be used for a road without the need to give public notice.

But a review by a commission employee, not previously involved in the case, ruled the decision was “appropriate and in accordance with our policy”.

Although a strip of parkland, covered by a charitable trust, is to be used to widen a driveway through the park to serve an £18 million extra care retirement complex on the adjacent site of the former Cradley High School, the commission claims the area of recreational land remains unchanged.

The commission said: “The disposal does not materially affect the trusts of the charity. No land is being lost to the charity as a result of the disposal – it is an easement, rather than a sale or lease, and the land in question is already used as a roadway.

“Although in future the road will be fenced with a single crossing point, the area of land available for recreational use remains unchanged and facilities will in fact be improved on the site.”

Friends of the park secretary Val Bloomer said it was “nonsense” to say recreation land was not being lost.

The commission also re-stated that if the waiver had been refused, housing association Midland Heart would have missed a deadline for a £6 million Government grant towards the cost of the development, which would have lost the charity additional funds.

The funds refer to £250,000 which will be top sliced from the sale price of the Cradley High site sale by Dudley Council and spent on new football changing rooms on the park.

But Mrs Bloomer vowed the friends would fight on.

“We are not happy with the decision and there are various options we can take to question the level of service from the Charity Commission,” she said.

Midland Heart deputy director Nick Byrne said: “We are pleased that the Charity Commission has confirmed they are satisfied that our partners, Dudley Council, have complied with the Charities Act. “ He also confirmed that the electricity substation will be built within the retirement village following objections.