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

Herefordshire Council says S&A Produce has carried out unauthorised work at its farm in Brierley, near Leominster.

But the firm said it received advice that work carried out has not breached a council injunction.

The authority has now applied for the committal to prison of John Davies of Manor Farm, Marden, Herefordshire.

Because of the installation of some windows, Herefordshire Council are now applying to imprison one of the most successful businessmen in Herefordshire S&A Produce statement

In its application, the council is also seeking to seize the company's assets and asks for S&A to be fined for contempt of court.

The council says it wrote to the firm demanding it return an outbuilding to its former condition, but that a deadline of 17 May was ignored.

S&A 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 Herefordshire Council in May 2004.

Consent was refused against the advice of council planners.

The High Court later upheld an injunction obtained by the council preventing further building work at Brierley, although an appeal is due to be heard in the summer.

Blatant breach

Leader of Herefordshire Council Roger Phillips said: "Despite issuing several warnings which gave S&A Produce the opportunity to be in line with the High Court order, nothing has been done to restore the building to its former condition.

"We consider that such a blatant breach of a High Court order is a very serious matter."

In a statement issued through its lawyers, S&A said it had taken advice before carrying out work on the windows of the building that the council has complained about.

The company said it had been advised by a legal expert that it had kept within the terms of the original injunction.

The statement read: "Because of the installation of some windows, Herefordshire Council is now applying to imprison one of the most successful businessmen in Herefordshire.

"Herefordshire Council wants to deny hundreds of workers the safe and healthy use of a building... in a project which delivers millions of pounds into the local economy."

S&A said a High Court hearing was scheduled for 12 July when they will appeal against the council's injunction.