PLANS for a new supermarket for Cinderford seem to be on ice until 'lawful' permission is granted – after a High Court judge upheld an objection to the planning process for a third time.

Developers Trilogy say they have 'lost' Asda – who wanted to open the store in Steam Mills – for the time being but did not rule out the company returning if 'lawful' permission is granted.

Planning permission which had been granted by the Forest of Dean District Council was quashed by the Honourable Mr Justice Singh on two of the five grounds put forward by the Midcounties Co-op.

In an e-mail to the We Want Asda in Cinderford campaign, Trilogy's managing director, Patrick Stones, said: "The Co-op has a right to challenge the planning application and to defend its position in the town through the legal system and have been successful in this.

"Unfortunately we have lost Asda as our chosen occupier, which will come as a disappointment to campaigners – but we are still working to bring a supermarket to the town.

"We have gone back to the council with plans. If we should get 'lawful' permission to build a supermarket then it's possible Asda will come back to the site."

Midcounties Co-op argued that the council's planning committee "failed to consider and/or take reasonable steps to access the true extent of the harm to the town centre' in the context of previous judgements."

Justice Singh said: "In my judgment, the committee in the present case was still not properly informed of the true extent of the harm which the proposed development was likely to cause.

"Accordingly I decline to exercise my discretion and have come to the conclusion that the planning permission must be quashed on this ground."

The second ground related to uncertainty in an officer's report surrounding the Section 106 agreement – money paid by developers for community facilities.

Justice Singh said: "This is a second ground upon which the approach taken to the balancing judgement which had to be taken in the present case was still flawed by an error of law."

The council informed the court it couldn't participate in proceedings due to 'financial reasons' but supported the defence put forward by Trilogy Developments.

A council spokesman said: "We're clearly disappointed with the outcome. We now need time to review the judgment and will issue a further comment in due course."

Lead campaigner, Amanda Watkins added: "The group will continue to fight for a store regardless of who it is – we just want choice. I'm gutted and so are the group about the decision and the anger is at the council who have failed again."

A spokesperson from Midcounties Co-operative said: "We are pleased that the court has upheld our challenge."