A JUDGE has again found in favour of the Co-op in the on-going battle over a new Asda store in Cinderford.

Mrs Justice Lang granted the Midcounties Co-operative's request for a full judicial review agreeing the Co-op's case passed the "arguability threshold".

She also rebuked the council for branding a previous judge who considered the case "a buffoon".

After a hearing at the Royal Courts of Justice in London last week Mrs Justice Lang said a new judicial review into the council's handling of the planning application for a 50,000 square feet Asda store at Steam Mills would go ahead later this year.

The Forest Council – which in February reported that it faced costs of £125,000 for defending itself against the Co-op's challenges – says it will maintain its stance that the Asda development is needed.

Counsel for the Co-op critcised the council for repeating "errors in law" that had previously been pointed out by Mr Justice Stewart – and for adding new ones.

The Co-op again argued that a supermarket at Steam Mills would damage the retail vitality of the town centre.

In finding for the Co-op Mrs Justice Lang took exception to her colleague being described by a district councillor as " a buffoon sitting in London making judgements on areas he knows nothing about."

She said: "This attitude may explain why the council appears not to have had sufficient regard to Mr Justice Stewart's judgement when considering this application in 2014."

She added: "I am concerned that this council is failing to apply planning law and policy correctly when making its decisions."

A spokesperson for the Forest Council said: "We can confirm that on May 22 2014 the High Court granted permission for Midcounties Co-operative to judicially review the council's decision to grant planning permission for a retail store at Steam Mills, Cinderford.

"While this decision is disappointing we respect the judgement and will continue to robustly defend the challenge."

Leader of the Council, Cllr Patrick Molyneux, said: "Cinderford is long overdue another supermarket. I think what people in Cinderford are looking for is choice.

"It is disappointing that the Co-op prefers to try to prevent any potential competition through the courts (and in doing so put public funds at risk), rather than accept the challenge that a new supermarket would bring and develop their ideas and store so they can be strong competition."

A third round of a full judicial review could allow the Co-op to force the council into reviewing the proposals by Asda and their developers, Trilogy Developments, for a third time.

A report on the hearing last Wednesday appeared on the PlanningResource website, which is described as an 'independent information hub for planning professionals'.