A LEGAL opinion obtained by the district council claims there are no rights of common in the Forest.

And even if there were, the authority's counsel, David H. Fletcher, believes that the agreement between the Forestry Commission and members of the Commoners Association signed in December 2001 "negates the existence of any customary or prescriptive rights."

The Opinion was obtained as part of the ongoing row over the Cinderford Northern Arc development and has been submitted as evidence to the Forest of Dean Local Plan Inquiry.

Mr Fletcher says that the legal arguments about the "theoretical existence of obscure commons rights" are now no more than of academic interest.

And even assuming a right of common ever existed it did not apply over disafforested land as in the case of the Northern Arc.

"For the Inspector to conclude that rights of common might inhibit the development of particular Northern Arc land, he would have to be provided with specific evidence of a claim, and the basis of such a claim would then have to be investigated...," he states.

Speaking on Tuesday Mr Tony Wisdom, for the council, said it was their view that there were no rights in law for commoning in the Forest.

Commoners' secretary Mr Mick Holder said that it was clearly pointed out when the 2001 agreement was implemented that it would not prejudice any existing rights of commoning or any rights that might be proved in the future.

"The council's view is only an opinion and it is our view that we can prove it wrong," he said.

Mr Holder said the Opinion was clearly detrimental to the implementation of the 2001 agreement.

"We feel very let down. In all our discussions with the council they have appeared to be very supportive," said Mr Holder.

He said the matter would be one of several important issues to be discussed by members of the Commoners' Association at their meeting to be held at The Nags Head, Yorkley, on Saturday evening (7.30).

It would also be a major item for discussion when the parties who signed the 2001 agreement met on May 14.

•Was it a waste ..? Commoners' Association chairman Henry Mills signing the 'Statement of Intent' in February last year watched by Deputy Surveyor Rob Guest and Senior Verderer Dr Cyril Hart.