A LEADING expert in Forest law has stated an opinion that no Crown land in the Dean can be sold. If upheld, the district council's proposals to develop pithead sites is effectively in tatters.
The Counsel's opinion has been sought by the pressure group Dean Forest Voice.
It has been obtained against the backdrop of the development of the former Princess Royal Colliery site at Bream which was said to be the benchmark which gave the right to develop all the other pithead sites.
The 15 page document has been compiled by bar-rister Mr Roger Evans.
The wide-ranging brief touches on many issues including commoning and freemining.
It directly opposes a Counsel opinion obtained by the Forest of Dean District Council in January on the legality of development in the Statutory Forest.
The Opinion concludes that the powers of the Forestry Commission are confined to promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forestry etc.
It states that economic regeneration of the Forest of Dean communities, unless for forestry, is entirely outside the powers of the Forestry Commission.
Mr Evans states the Commission has to endeavour to achieve a reasonable balance between the development of afforestation and the conservation and enhancement of natural beauty and the "conservation of flora, fauna and geographical or physiographical features of special interest..."
The Opinion states that land no longer required for mining purposes must be thrown back open as uninclosed waste.
In a statement to the Review Dean Forest Voice say they they will now consult a solicitor with a view to seeking leave for a judicial review.
Spokesman Mr Mike Jones contended the district council had forced the issue by obtaining Counsel opinion in the first place.
"It would seem now that everything is back in the melting pot. However it is our view that it is in the best interests of the Forest of Dean as a whole to get this matter cleared up once and for all," he said.