The row over an enforcement notice served on the owners of Hare Hatch Sheeplands garden centre is to end up in court, following the local council’s rejection of a petition signed by thousands.
The garden centre was ordered to close a number of facilities in 2012 for green belt infringement. More than 10,000 customers and staff signed the petition asking Wokingham Borough Council to withdraw the notice.
But the council argued that as the notice related to a “planning decision”, it could not be reviewed. It then proceeded with an injunction against the owners and several of the concessions trading there.
The case was due to be heard at the Royal Courts of Justice on Thursday, this week but was postponed because both parties felt insufficient time had been allocated for the hearing, which is now likely to take place in June.
In a statement, the council said: “Unfortunately, the petition refers to an enforcement notice that has been deemed to constitute a ‘planning decision’.
“Under the council’s constitution, petitions which refer to ‘any matter relating to a planning decision’ cannot be accepted.”
Earlier, the council had turned down two planning applications designed to meet the enforcement notice conditions. The owners now intend to fight for a judicial review
A public enquiry into their appeal against the council's refusal to grant a certificate of lawful use for various activities on the site will be held on 6 September.
Owner Rob Scott said: “It is a kick in the teeth to the 10,000 individuals who have signed a petition calling on the council to grant us this certificate.
“Wokingham Borough Council seems hell bent on taking action which will close us down and which is totally against the wishes of thousands of the people who elected them into power.
“By taking this action the council has effectively found us guilty before we have even had the opportunity for our case to be heard by a government appointed inspector in September.”