THE FOREST Council has lost a third battle against the Co-op over the long-running saga of Asda's potential move to the outskirts of Cinderford.

The process of legal challenges has become so convoluted that not even the council leader was sure which appeal the judgement handed down by Lord Justice Hickinbottom on Tuesday afternoon actually referred to.

The Co-op has consistently argued that the council has made errors in the decision-making process in granting permission for an Asda store at Steam Mills.

Cllr Patrick Molyneux (Con, Hewelsfield and St Briavels) said: "This is most unfortunate. I am not entirely sure as to which particular appeal this judgement refers, and I have asked the council executive to draw up a schedule of events in an effort to make sense of what has happened today. "I am still waiting on this.

"But I can say that we are determined to work with the applicants, Trilogy, for Asda, and to once again voice my displeasure that the Co-op are using the courts to protect their business, rather than a fair fight through direct competition.

"It is clear that the people of Cinderford do like the idea of an Asda store there, and I feel that, should Trilogy be granted permission, Asda will be an asset to the town. They would bring more trade to the area, which would benefit the Co-op too —but this seems to be something that they reject."

On whether his schedule of events would include some details of the financial costs of the legal challenges, Cllr Molyneux was more reticent.

He said: "Well, the total costs are complicated and take in different charges from different areas, so making it hard to determine.

"However, in all these legal actions we have, effectively, been defending the decision of our own planning department in supporting the bid for the new development. We have a duty to support them."

On whether Asda would be approached to help with the legal costs of this, and the previous hearings, Cllr Molyneux said: "These cases are, in fact, actions against the planning department of the Forest of Dean District Council, and not, in themselves, actions against the developers.

"In those circumstances it is the council funding a support for the planning department."

Cllr Molyneux refused to be drawn on possible future legal actions on this case, saying: "Everything is up in the air at the moment, and there are several options open and we will be taking advice on the best way forward for both the council and the developers."