Government solicitors stun Council
The Leader of Herefordshire Council has expressed his astonishment and disappointment at government solicitors who have pulled out of court proceedings against strawberry producer S&A Property Ltd.
Cllr Roger Phillips wants the Treasury Solicitor to explain to the people of Herefordshire why it will not contest an appeal hearing at the High Court lodged by the Marden-based fruit company to keep a utility building, sewerage works and road network at Brierley Court Farm, near Leominster.
The decision has left Herefordshire Council with no option but to withdraw from the appeal proceedings – just days before they were due to be heard at the High Court on Monday, February 20.
Cllr Roger Phillips, Leader of Herefordshire Council, said: “This is an astonishing decision for the Treasury Solicitor to reach - I am completely dismayed and disappointed.
“The Treasury Solicitor should explain to the people of Herefordshire why it has come to this conclusion. It’s hard to understand.”
The decision not to defend the appeal turns the clock back on the long-running legal dispute between the Council and S&A Properties Ltd.
The Secretary of State must now decide whether or not to accept the planning inspector’s original recommendation, reached after a public inquiry last summer, or hold a second public inquiry.
The inspector ruled in favour of the Council by refusing to grant retrospective planning permission for the utility building, sewerage works and road infrastructure at Brierley.
“It would appear that, on receiving the planning inspector’s recommendation, the Treasury Solicitors have embellished it in such a way that it has compromised their position,” added Cllr Phillips.
“Their decision to pull out has put us in an untenable position and left us with no option but not to contest the appeal hearing.”
The latest legal development does not change anything on the ground at Brierley Court Farm.
The utility building, sewerage works and road infrastructure must remain untouched until the Secretary of State makes a decision on the planning inspector’s recommendation. That decision is expected in the spring.
Mobile homes can also be erected on site ahead of the summer season under permitted development.
