THE EUROPEAN Commission is investigating a complaint about a Gwent retail development.

Campaigners against the Southern Retail Development in Blackwood wrote to the EC asking them to investigate whether the developers obtained the correct licence to cut down 143 trees in St David's Wood on the site south of Thorncombe Road.

The trees were cut down to make way for Blackwood Retail Park.

Campaigners said Caerphilly county borough council failed to ensure a licence was ontained allowing clearance of the the site.

The licence was required, campaigners say, because there were bats on the site, a protected species.

The council maintain they made the correct checks at the time.

The Environment Directorate wrote back to campaigner Irene Jones, saying they have written to the Assembly raising their concerns.

The letter says: "In the letter we raise concerns about the failure to require a derogation licence under Article 16 of the Habitats Directive before allowing clearance of the site for the Blackwood Retail Park, which was known to host protected species, in particular various species of bat."

The letter adds the Commission will now wait for a reply. It also says it is the first step in infringement proceedings under Article 226 of the EC Treaty.

Mrs Jones was involved in the 2004 protests against cutting down part of the ancient St David's Wood to make way for the Sirhowy Enterprise Way.

The matter could ultimately be taken to the European Court of Justice and a fine could be issued.

Mrs Jones said: "It's a very positive response and the complaint has been taken up very quickly."

Blackwood councillor and protestor Kevin Etheridge said: "We need to protect our wildlife, green fields, and trees, not destroy them."

A council spokesman said: "We are aware that a complaint is being investigated, but we are happy that extensive consideration was given to the ecological impact of the development and appropriate mitigation measures were required as part of the scheme."