THE FOCUS of the battle over the future of the Northern Quarter switched to central London this week as Friends of the Earth challenged two key decisions by the Forest of Dean Council.
A hearing before Mr Justice Edwards was due to start in Court 19 of the Royal Courts of Justice on Tuesday morning and was expected to last two days.
The Forest branch of Friends of the Earth has launched a legal challenge against the council's decision to approve its Core Strategy and the Cinderford Area Action Plan which set the wheels in motion for the regeneration of the site.
The challenge raises issues of European law under the European Union's habitat directive and claims that legally-required assessments about the impact on wildlife – particularly bats - were not carried out.
The council declined to comment ahead of the start of the hearing but their case is likely to emphasise the wide-ranging public consultation and scrutiny the process has been through.
Forest Friends of the Earth planning officer Mary Newton said: "We have launched this legal challenge because we believe that the Council failed to carry out its duties in relation to the EU site and EU protected species when deciding on long-term land use policies for the site.
"This site is Statutory Forest and is part of the larger Cinderford Linear Park key wildlife site recognised by Gloucestershire Wildlife Trust, Butterfly Conservation and local wildlife experts as being an important wildlife habitat and one of the most important key wildlife sites in Gloucestershire.
"We have instructed specialist environmental solicitors Richard Buxton Environmental and Public Law and Ian Dove QC from No 5 Chambers Birmingham."
Bat expert Dave Priddis added: "Bats are extremely sensitive creatures. Although the Council pledged to do further wildlife studies before any development commenced these studies should have been done before the site was selected."
Dr Colin Studholme, Director of Conservation for Gloucestershire Wildlife Trust added: "This site has long been recognised as important to the bat Special Area of Conservation."
Friends of the Earth declined to reveal how much the challenge is likely to cost but say they have a restricted costs order which means that if they lose the council could claim a maximum of £5,000 to cover its costs.
The Core Strategy is the main planning policy document for the district and contains the broad principles for sustainable development until 2026.
The Cinderford Area Action Plan (AAP) is a document which forms a blueprint for the regeneration of the Northern Quarter, an area to the north-west of the town.
Both documents were approved by the council in February last year as delivering a "thriving, sustainable district with a high-quality environment."
The Core Strategy was looked at by councillors on a council scrutiny committee and both documents went to a public inquiry which included evidence from Friends of the Earth.
The inspector who led the public inquiry subsequently agreed both documents were 'sound' for adoption.



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