CAMPAIGNERS have vowed to fight on after the UK's highest court ruled a privately owned beach cannot be listed as a village green to allow residents the right to use it.

Five Supreme Court justices unanimously allowed an appeal by Newhaven Port and Properties Ltd (NPP), the owner of West Beach.

NPP had challenged a decision by the Court of Appeal in March 2013 allowing an appeal by East Sussex County Council and Newhaven Town Council against an earlier ruling which quashed the registration of the beach as a village green because it fell within the port area.

The council agreed to register the 15 acres of beach, which is covered by the sea for 42% of the time and subject to 1931 byelaws regulating access and use, after an inquiry in July 2010.

The basis for registration was that it had been used by a significant number of local inhabitants "as of right" for a period of at least 20 years.

In November 2011, a judge said that words used by Parliament to define town or village green were broad enough to permit the registration of a tidal beach, provided certain tests were met.

But, the village green status of West Beach was incompatible with the statutory purpose for which the land was held.

This was a victory for NPP, which had argued it was always clear that the beach was part of the operational land of the harbour, and fenced off public access in 2006.

The Court of Appeal went on to rule that the ground upon which NPP succeeded - that registration was incompatible with its statutory powers and duties - was not sustainable.

But today, a panel of judges headed by the President, Lord Neuberger, upheld NPP's argument that the public enjoyed an implied licence arising from the byelaws and therefore the use was not "as of right".

Lord Carnwath said that it was not an historic beach, but one created artificially in relatively recent times, as a consequence of the harbour works.

Nor was public use accepted without question as the public were barred for some time after the end of the First World War, and their use only resumed in response to a public protest.

"There might well be a case for treating what followed as tolerated trespass, or use `as of right', had not the whole area been brought under formal regulation by the making of the byelaws."

Thereafter, the only possible inference was that the use was permitted by the harbour authorities and was therefore "by right".

Lib Dem MP Norman Baker, whose Lewes constituency covers Newhaven, said: "Newhaven people will not rest until their beach is open to them once again, and neither shall I.

“This is a bitter disappointment for people in Newhaven, after all the effort that has been put in by the town council and the residents. But I want to assure people in Newhaven that we are not giving up."

Newhaven Town Council says the decision is "devastating".

The Town Mayor of Newhaven, Councillor Judith Ost, said: “This is very disappointing news for the residents of Newhaven, who we know have been hoping and praying that our application to safeguard the beach for their use would succeed."

Campaigner Carol Havard called the decision "crazy".

She said: "This town has played here for generations.

"We are a small community and this is the gem in our crown, our uniqueness.

"Brighton has its beach front and we have the beach and breakwater.

"I am not against the French - my husband is French - this is about access to a fantastic place where people have been for generations.

"It is an insignificant piece of land but to us it is a family beach.

"I know it is about jobs and money but we would have more jobs in this town if we had some degree of tourism.

"We have a tiny town council but they have fought very hard.

"It is just a crazy decision."