Wokingham Borough Council has been refused permission to appeal by Lady Justice Hallett DBE, Vice President of the Court of Appeal Criminal Division, against a ruling made at Reading Crown Court last year related to a prosecution action sought by the council.

Lady Justice Hallett also removed the reporting restriction that had been applied for by Wokingham Borough Council At the Crown Court in Reading in 2018, Hare Hatch Sheeplands plant nursery had claimed an "abuse of process" by the Council when it charged Sheeplands owner Rob Scott, and 10 others including six concession owners on the site, with the criminal offence of being in breach of an enforcement notice. 

Hare Hatch Sheeplands claimed that the Council was unfair in taking the decision to prosecute and that it was a "misuse" of the court process, particularly as full compliance had been achieved. 

At the Crown Court hearing Her Honour Judge Morris agreed with Hare Hatch Sheeplands, stating that owner Rob Scott had been "induced" by certain Wokingham Borough Councillors and Council officials to withdraw his appeal against the enforcement notice and added that this had the effect of denying him the opportunity to have the matter tested in the appropriate planning forum. 

Thereafter, she said, the Council "sought to gain advantage of this situation by prosecuting Mr. Scott for the alleged transgression of the enforcement notice, without him having recourse to the appeal process." 

Concluding her Judgement Her Honour Judge Morris had said: "The fact [Wokingham Borough Council] have chosen to do so under these circumstances, coupled with the clear, and in my view, inappropriate consideration of seeking to reclaim costs through the application of proceeds of crime, is unjust and unfair and so offends the court's sense of justice that it must stay the proceedings in respect of these defendants to protect the integrity of the criminal justice system."  

Following this Judgement Wokingham Borough Council applied for permission from the Court of Appeal at the Royal Courts of Justice to challenge Her Honour Judge Morris' Judgement.  

However, a two-day hearing at the Royal Courts of Justice in London last week ended with Lady Justice Hallett saying that the original judgement at Reading was "without fault and totally acceptable."

She refused to give the Council permission to appeal and confirmed that all defendants had been acquitted, meaning that criminal charges against Mr. Scott and the other individuals are now at an end. 

In her hour long summing up Lady Justice Hallett said the Council's decision to prosecute Mr. Scott "was flawed."

Her decision was supported by The Rt Hon Lord Justice Lindblom and The Rt Hon Mrs. Justice Carr, who also presided over the Court of Appeal proceedings. 

Following yesterday's hearing in the Count of Appeal, Mr Scott said that he would like to thank both Lady Justice Hallett and Her Honour Judge Morris for taking the time to prepare comprehensive and exonerating judgements.  

While Mr Scott is clearly delighted that the Judgements have been given in his favour, his desire is to work with Wokingham Borough Council to ensure the sustainable future of the nursery and associated services and facilities on the Hare Hatch Sheeplands Nursery site, that will both benefit the community and support the local plan for Ruscombe and Twyford. 

Mr Scott said that he would take every opportunity to open a dialogue with Wokingham Borough Council to further this objective.