Owners of land which contains a a popular wildlife habitat near Cockermouth have contested a decision by Allerdale council to list it as a community asset.
Soddy Gap at Great Broughton was registered as a community asset in December, following an application by Allerdale councillor Nicky Cockburn.
It is part of the 483-acre Broughton Lodge site, which is owned by Harworth Estates.
It was restored by the Coal Authority and comprises a large pond, two smaller ones, young trees, marsh, scrub and grasslands.
Little and Great Broughton and Broughton Moor villagers regularly walk in the area and the site is widely used by walkers, runners, cyclists, birdwatchers and horse riders.
The land was put on the market last year, prompting local people to ensure the area which they use was protected.
But Harworth Estate's solicitors have written to Allerdale requesting a review of the council's decision.
The solicitors say: "We consider that, contrary to the council's findings, the use of land for the purposes described in the nomination cannot reasonably be described as 'non-ancillary' - particularly when considered in the context of the wider Broughton Lodge site."
They added that the tracks were installed to ensure access across the site for tractors and livestock, and were used on a daily basis.
The letter adds: "The tracks are not designated public footpaths or rights of way."
They letter said the site was subject to a shooting licence, which runs from November 2014.
The letter adds: "Given that such unfettered rights exist at the site and that they are clearly incongruous with public use, it is unrealistic to consider that public use of the site is more than ancillary."
They then point out "permissive access can be withdrawn at any time".
Sue Hannah, chairman of Broughton Parish Council, said: "We are disappointed they have put in this appeal as this area has been a community asset for a long time, despite their claims.
"They should really just give the pond area land to the parish councils of Little and Great Broughton and Broughton Moor. It has no commercial value.
"The villages all suffered environmentally when the open cast was here. This is a little bit of giving back.
"I would like to see the Harworth Estates people come and speak to us."
Councillor Cockburn has written to Allerdale's chief executive Ian Frost.
She said: "I refute what has been said by the owners' representatives.
"It is incorrect to imply that the tracks are in constant use by tractors, I and many others who use the site would like to see the evidence. The bridleways referred to as tracks are actually in constant use by walkers.
"Where public use, roaming and wildlife has been intended, encouraged and welcomed prior to open cast mining and was the aim of management and stewardship plans, the granting of the shooting licence is in my opinion foolhardy and contrary to the intended long term use of the site to say the least."
An Allerdale spokesman said: "Under the Localism Act where a property has been listed as an asset of community value, the owner is entitled to request an internal review of that listing decision.
"This is carried out by someone at the council who was not associated with the original decision.
"This is normally held within eight weeks of receiving a request for a review, which in this case shall be before April 11 2016."
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