S & A Property fails to win injunction against Herefordshire Council

S & A Property Limited has failed in a bid to get an injunction at the High Court of Justice in Birmingham seeking to stop enforcement action against buildings at Brierley Court Farm, near Leominster, from going ahead.

The injunction related to enforcement notices requiring the removal of an amenity building and related infrastructure at Brierley Court Farm which were erected without planning permission. The enforcement notice required this to be done by January 10, 2008, but this has not been done.

S & A Property Limited were seeking an interim injunction to preserve the status quo at the site pending determination of applications the firm is making to the European Court of Human Rights.

His Honour Judge Brown, in turning down the application for an injunction which was made at the High Court in Birmingham on Thursday, February 7, said: "This is a fanciful claim and misconceived. Quite frankly the claimants applied to the wrong court and used the wrong procedure."

Costs of £6,852.40 were awarded to Herefordshire Council.

S & A Property Limited then sought leave to appeal to the Court of Appeal but His Honour Judge Brown turned down this request.

Mr Tim Young QC, representing S & A Property Limited, said the company would still be looking to appeal this decision and sought an undertaking from Herefordshire Council not to start enforcement proceedings for a 14-day period. Herefordshire Council agreed to give this undertaking.

Councillor Roger Phillips, leader of Herefordshire Council, said: "This decision shows we have acted properly throughout the planning process and we are pleased the judge's ruling has confirmed this. We will now have to wait for a decision on the appeal before deciding what further action we should take."