Controversial plans for a 10,000-seater stadium at Copthall could be sensationally back on after a landmark High Court ruling.

Environment Secretary John Prescott turned down Barnet FC's ambitious plans to build on Green Belt in Mill Hill in June last year.

But test cases brought under the fledgling Human Rights Act could pave the way for an appeal against Mr Prescott's decision to overrule Barnet Council's decision to grant the scheme planning permission.

Two High Court judges last week branded the entire planning system intrinsically unfair in a judgement which they admitted would have far-reaching consequences.

As a politician, the Environment Secretary's powers to make planning decisions contravened the right to an independent and impartial tribunal under European law, they said.

One of the test cases with particular similarities to the Copthall scheme involved an application for a health and fitness centre on Green Belt in Essex. Barnet FC said it will be consulting its lawyers over this latest twist to the long-running saga, but chairman Tony Kleanthous remained circumspect.

"Barnet FC were extremely surprised that High Court overturned recent planning issues decided by central Government," he said.

"Barnet disregarded Copthall as a stadium due to the Government's decision to reject their original application. In view of this the club's efforts have been directed elsewhere."

Mr Kleanthous added: "Whether Copthall will come back into our thinking will be considered along with other options."

Council leader Alan Williams placed responsibility for any appeal firmly on the club. He said: "The issue for Tony Kleanthous is can he afford a High Court hearing, an appeal court and a House of Lords appeal?"

However, Mr Williams conceded a successful appeal could open the doors for the council to claim back the £40,000 cost of the planning inquiry.

Sandra Anderson, honorary secretary of Keep Copthall an Open Space, said campaigners would have to study the latest ruling. They remained firmly opposed to any application at Copthall by Barnet FC, she added.

MATTHEW NIXSON and JOHN POLLARD