THE Forest Council has claimed victory in the battle over the development of the Cinderford Northern Quarter – but the fight might not be completely over.

A High Court challenge by Forest of Dean Friends of the Earth was rejected by Mr Justice Edwards-Stuart but the group has made representations to the judge about the judgement handed down.

Forest Friends of the Earth planning officer Mary Newton said: "Although the judgement found for the district council the Forest of Dean Friends of the Earth legal team have made representations to the judge and we are awaiting his decision.

"While we are waiting for the decision we cannot say any more about the representations."

Friends of the Earth challenged the adoption of two development plan documents, the Core Strategy and the Cinderford Area Action Plan claiming the council failed to make the necessary checks to retain protection of natural habitats.

Cllr Brian Robinson, cabinet member for Efficient Council and Planning Policy at Forest of Dean District Council said: "After two days of legal argument, considerable written evidence and hard work we are delighted to have the court's confirmation that we  have acted lawfully.

"We are committed to sustainable development and will continue to work hard to protect and enhance the environment which we are very lucky to have in this district."

At the hearing in The Strand, London, local bat expert Dave Priddis took the council to task over the late production of key documents such as the Appropriate Assessment issued just one day ahead of an inquiry into the Cinderford Area Action Plan – and the judge agreed with him.

He said: "The strictures of Mr.  Priddis made at the hearing about the late production of information were in my view entirely justified. Too many important documents were issued at the last minute. I find that there was a breach of regulation 102(3) in that the steps taken by the Council to take the opinion of the general public fell well short of those which any reasonable council, having decided to consult, should have taken.

"However, the Council's failings in this respect were to some extent mitigated by the fact that the Inspector gave interested parties a further period in which to make supplementary written submissions.

"Whilst this went some way towards remedying the position, as any judge knows post hearing submissions often do not have the same impact as submissions made orally to a tribunal where there is the opportunity to adjust the tone and content of the submissions to the needs of the occasion and the reaction of the tribunal."

The judge concluded that the council was entitled to adopt the Core Strategy and the Cinderford Area Action Plan and he said the council had not acted in an "overbearing manner" – and he praised the Friends of the Earth campaign.

He added: "The 2010 Regulations are stringent and require a lot of detailed work if compliance is to be achieved. This places a heavy burden on a local authority. In this case the Council has been kept up to the mark not only by Natural England but also by the determined and well considered campaign by the Claimants to ensure that the local biodiversity is not irrevocably damaged by any future development. This is not the lunatic fringe: on the contrary, it was the action of well-informed, sincere and legitimately concerned individuals. In years to come those who live in the Forest of Dean may have good reason to be grateful to them."