S&A Produce wants to build a "village" for migrant workers

Herefordshire Council claim S&A Produce Ltd breached a High Court injunction preventing it from developing land on Brierley Court Farm, near Leominster.

The council applied to the High Court to have company director Stanley Davies jailed and company assets frozen.

Lawyers for the company said the action was also "inappropriate".

S&A Produce says it only carried out work essential to health and safety.

Protect workers

The company had started constructing a "village" complex for migrant strawberry pickers, complete with an internet cafe and swimming pool, when it was denied retrospective planning permission by the council in May 2004.

Consent was refused against the advice of council planners and the High Court later upheld an injunction obtained by the council preventing further building work at Brierley, although it did allow the company to carry out "make safe works" to protect workers.

At the High Court in London on Monday, the council's barrister, Mr Timothy Jones, told Mr Justice Burnton no planning consent had been obtained for any part of the "new village" that was developed on the farmland.

Under planning law S&A Produce does not need permission to place caravans on the site for agricultural workers as long as they are "temporary" and in place for no longer than one season.

'Disproportionate' steps

Mr Jones said that between April and May this year, windows had been installed in a previously boarded-up amenity building which amounted to a contempt of the High Court injunction.

However Mr Mark Lowe, QC for the company, argued the installation of the windows was necessary to ensure the health and safety of workers and was not a breach of the injunction.

He added the "draconian" steps being taken by the council, including calling for Mr Davies to be jailed, were "inappropriate" and "disproportionate".

The judge is expected to give his ruling later this week.