Strawberry producers appeal

Strawberry producer S&A Property Ltd has appealed a decision to remove a utility building, sewerage works and road network which services more than 1,000 seasonal fruit pickers at Brierley Court Farm, in Leominster, north Herefordshire.

The Marden-based company, near Hereford, has lodged two appeals to the High Court.

The first is against the planning inspector’s decision reached in November last year following a public inquiry.

The inspector ruled in favour of Herefordshire Council by refusing to grant retrospective permission for the utility building, sewerage works and road infrastructure.

The second appeal is against the enforcement notices served by Herefordshire Council.

No date for the High Court hearing has been set and the utility building, sewerage works and road network must remain untouched from further development until a decision by the High Court is reached.

Caravans to accommodate workers can be erected on site under permitted development regulations so long as they meet a seasonal requirement.

This means the caravans would have to be removed when the growing season ends in October/November.

Proceedings to date:-

• May 12 (2005) – Northern Area Planning committee refused retrospective planning application from S & A Property Ltd. Voted 18 to 1 to refuse (1 abstention).
• May 14 - Herefordshire Council was granted an injunction at Hereford County Court. This meant the company should stop work on the site other than ‘make safe’ work and completing work to the sewerage system. The case was also referred to the High Court for a full hearing.
• May 21- High Court ratified County Court decision and upheld the granted injunction. This injunction will remain in place until any appeal on planning grounds is heard. Judge also refused them the right of appeal.
• September 16 - S & A Property Ltd applied to the Court of Appeal for leave to appeal against the injunction. This was dismissed by Lord Justice Auld.
• October 27 - S & A Property Ltd will appear in the Court of Appeal, again appealing against the decision not to let them appeal. This will be heard by two judges, Lord Justice Laws and Mr Justice Elias.
• November 2 - Herefordshire Council is taking S & A Property Ltd to Hereford Magistrates Court for breach of building regulations in relation to the amenity block.
• June 23 – High Court agrees breach of injunction after S & A Property Ltd installed new windows in the utility building. Company fined £65,000 and ordered to pay £11,000 costs.
• July 12 – 15 a public enquiry was held at the Three Counties Hotel to consider S & A Property Ltd’s appeal against the refusal of the original planning application. Decision is due end of the year.
• Nov 4 ODPM dismissed appeal and ordered removal of utility building.

Jan (2006) - S & A Property appeal planning inspector's decision.