October 2008: Still no new planning application for a caravan site at Brierley - nor for the polytunnels. And the council is still not doing anything about it all. The application for irrigation lakes to the north of Brierley has now been withdrawn although the two applications for roadways on the farm remain. The sewage plant remains and that is despite the Secretary of State's decision taken some time ago that it should be removed.
June 2008: Although the utility building, toilets etc. have been removed from the field at Brierley Court Farm, the caravans have been moved to an adjacent field !! The sewage plant has not been touched and - it is rumoured - is being used for this new "temporary" site.
Temporary Caravan Site (2008)
New Planning Applications have been applied to develop the Fisheries site on the old Leominster-Hereford road (refused), to build a network of roadways around the site, and yet another to build several large irrigation reservoirs at the back of Brierley. However, the council seems to be doing nothing re the need for planning on the enormous polytunnel developments at Brierley, Ivington, and Wickton. Nor are they doing anything about the sewage plant remaining after the Secretary of State's decision that it be demolished.
S&A have stated that they want to move to Table Top growing at Brierley so get improved yields, and use fewer workers and less polytunnels. However, given their target growth rate of 17 - 20% per annum, any reductions in work force /polytunnels from this method of growing will soon be eroded. And these polytunnels will be permanent.
December 2007: We can look back on a relatively quiet 2007 in Brierley with - fortunately - few known problems. However, there appears to be little or no movement to remove the utility building, sewage treatment plant, caravans etc. following the Secretary of State's decision ! However S&A have a few more weeks to remove it all and put the ground back as it was before.
And the caravans at Brierley have not been removed this winter - some more legal implications here ?
In addition, HC have still not formally completed their rules for polytunnel planning requirements - some 12 months after the Tuesley Farm legal decision.
And licensing for trickle irrigation has not been implemented on the ground by the Environment Agency.
April 2007: The Secretary of State's decision has now been published and agrees with the original Inspector's decision. The Utility Building, Sewage plant, Pumping Station, Hardstandings and all associated works and equipment have to be removed.
She is giving S&A 274 days (ie until January 2008) to remove them which allows the workers to be catered for this season.
March 2007: Herefordshire Council finally accepted that large coverages of polytunnels need planning permission. See under "News Update" for details.
February 2007: The caravans and yellow "pods" are being returned to Brierley. The polytunnels at Wharton Bank have been removed (including "Y" frames, hoops and the irrigation system)
July 2006: Another protest by the workers at Brierley - this time with the support of the TGWU. Following the union's involvement, Tesco and Sainsburys (two major supermarket customers of S&A) have launched investigations into working conditions at the business.
Mid-June
2006: The workers are back at Brierley - though this year not all are
students as the SAWS quota for S & A has been reduced. The growers are
claiming that "some are unemployed drunks" and that "a higher
than usual proportion of foreign workers have been sent back to their own
countries because they have proved to be unsuitable". One assumes that
those sent back are in fact SAWS students as EEC nationals cannot be sent back
but may stay in the UK even if their employment is ended.
Many are being bused from Marden and Brierley to work at Wickton and
Wharton Bank.
June 2006: Both of Herefordshire's MPs (Bill Wiggin and Paul Keetch) are now calling on central government for more control over the siting of polytunnels. See Press Reports on this web.
Mid-January 2006: The caravans are now being returned to the Brierley campsite having been taken away approx. 1-2 months ago.
3rd November 2005: The Office of the Deputy Prime Minister has supported the Inspector who heard the planning & enforcement notices in July. S & A Property have lost all their appeals (see Legal Opinion/Planning Appeal/Appeal Decision on this web). They have the right to appeal within 6 weeks (ie by 15th. December) or remove the Utility Building, Sewage Plant etc. with 93 days (ie by Saturday, 4th. February 2006).
October 2005: The so-called yellow "pods" have been removed from the caravan site at Brierley
October 2005: Approx. 150 acres of land is being prepared for strawberry growing under polytunnels at Hawkersland near Bodenham
17th. August 2005: Some 300 students went on strike for a day complaining of poor working conditions and pay
27th. July 2005: S & A Property's Planning Appeal was heard by inspector Bridget Jones from 12th - 15th July. Barristers represented S & A Property, Herefordshire Council and AVRA. Please see under "Legal Opinion/Planning Appeal" and "Press Reports" on this website for more details. AVRA has just been informed that that the decision will be issued "on or before 16th Dec 2005" !!
23rd. June 2005: Judgement re
Breach of Injunction has now been given; a fine of
£65,000 has been levied together with £11,500 costs. Also S & A have been
instructed to "undo the works" (ie take out the windows) before Friday
1st. July 2005. The
PA
Press Release gives more details.
The Judge also commented that there
was no reason for the complex to be occupied at any stage - a view that AVRA has
always held.
4th. May 2005: Herefordshire Council are taking Legal Action against S & A Produce for allegedly breaching a High Court injunction over the use of its strawberry farm near Leominster. They have issued a very strong Press Release which you must see (click here). The High Court hearing is at 10.30am on June 13th.
Mid-May 2005: Workers have commenced arriving at Brierley for the second year
Late April/May 2005: S & A have commenced building their "permanent" polytunnels with trestle tables at Marden - before their planning application is decided. Hereford Council have decided to do nothing about it.
Mid-March 2005: The number of new additional yellow cabins installed on the caravan site at Brierley Court Farm is reported at well over 100 units. These cabins have no wheels and cannot be considered "mobile". Hereford Council (HC) have still not done anything.
Early March 2005: A new planning application has been made for Brook Farm, Marden (DCC W2005/0698/F) : Siting of polytunnels in connection with raised bed strawberry production. This is presumably the earlier application which was withdrawn pending the request for an Environmental Assessment.
Early February 2005: Some 40 bright yellow, German manufactured,
container-sized buildings have been positioned close to the caravans at Brierley
Court Farm ( 2nd./3rd. week of February
2005). Some appear to be forming part of the caravan complex. And are being
accompanied by the installation of water, electricity and site works to provide
roadways. Surely this is an infringement of the earlier High Court Injunction
?
Early February 2005: More land is being cultivated for
strawberries/polytunnels on rented fields at Wharton/Elms Green to the east of
Brierley. Presumably irrigation will be from the River Lugg (a SSSI) and the
workers will come from Marden/Brierley. And this plastic covered countryside
will eventually be highly visible to travellers on the railway, on the Old Hereford Road south
of Leominster and on the Leominster Bypass. How long before Leominster is
completely surrounded ?
Jan 2005: S & A withdraw their application for 123 acres of "permanent" polytunnels at Marden - at least until they have prepared their Environmental Statement
Jan. 2005: S & A Property given permission to convert the listed Brierley Court Farmhouse etc. into three separate dwellings
7th. Jan 2005: Environment Agency consents to the making of a discharge of Sewage Effluent into the river Little Arrow, with conditions ! But the sewage plant still does not have planning permission
S & A Davies have started constructing a 150 acre polytunnel site at Wickton, Stoke Prior, near Leominster
Caravans not being removed at Brierley as necessary under "permitted development" for farmers - HC now consider the caravans as part of the original planning application
New application to the Environment Agency - this time for pumping sewerage from 1500 residents directly into the River Arrow
New Planning Permission sought for a new General Purpose Building, Chilled Plant Store and Associated Hard-standings and Access Ways. These to be located away from the original centre of the farm and the old farmhouse (Application no. NC2004/2599/F - 19th. August 2004 - refused by HC Planning Committee: November 2004)
Unfinished Utility Building was used by students (eg Russian World Cup football game)
Sewerage facilities being used, but pumped out and transported away, rather than discharged into the local river system
Ukrainian worker was unfortunately killed while walking back on the road from Leominster
Caravans are occupied by student workers - but numbers in mid-summer were far short of the threatened 1000
Hedgerow Removal Notice on Brierley Lane where S & A Davies's new road crosses it. Removal Notice held in abeyance until Autumn due to nesting birds and a Risk Assessment requested to improve safety at this dangerous crossing
High Court Order banning further works on the development, and refusing leave to appeal
12th. May 2004: Planning Permission refused for Utility Building, Toilet Building and Siteworks for 300 unit Caravan Standing for farm worker accommodation and the construction of a Sewerage Treatment Plant and Pumping Station ( 2 separate planning applications)