Injunction granted by High Court against Bisley Football Club

On Friday, March 9, Bisley Football Club was ordered by a High Court Judge to stop unauthorised building works at its ground.

The Order was made on the Council's application for an injunction against the Club's Chairman, Simon Hollis, and the landowner Bisley Health and Country Club Limited.

The Council was represented by Mr Kevin Leigh, (Barrister - 6 Pump Court, Temple) and the club was represented by Mr Wayne Beglan (Barrister - 2-3 Gray's Inn Square). The Judge, His Honour Judge Mackie QC, after hearing lengthy evidence from both sides ordered the club to cease building works on the site and follow the legal planning process.

Pursuant to the Order of His Honour Judge Mackie QC the club:

Must no longer use the land or carry out works themselves, or by instructing, encouraging or permitting any other person, in breach of planning control and in particular:

- They must not lay out hard surface on the land or carry out any preparation in relation to the said laying out.

- They must not place or erect any structure or building for the purpose of seating spectators on the land or any person attending the land in connection with its use for sports.

- They must not erect any structure whether permanent or demountable in connection with flood lighting on the land.

- They must not bring onto the land any building or other materials in connection with any works of development on the land.

- They are permitted to complete a concrete path 1.2 metres wide around the perimeter of the main pitch on the western part of the land.

- They are permitted to make safe by restoration if necessary, the unauthorised development on the land.

In his summing up His Honour Judge Mackie QC said the club provided a good facility and service to the community and he acknowledged it had taken professional advice regarding the building works. However he stated that the club had had since February 2006 to get its act together. When matters were drawn to the Council's attention they acted straightaway. Despite this, the club have elected to proceed in face of the clearest breach of planning considerations and continued with its determination to complete the project by the 31 March 2007. It had known the works needed to be completed to upgrade its ground but had failed to take the relevant steps to apply for planning permission. He said the dilemma the club faced was no fault of the Council and the Temporary Stop Notice issued by the Council has been flagrantly ignored. He added that it was a matter of great sadness for the community but the club must take responsibility to ensure it adheres to the planning process.

In February 2006 the club had been notified by the Secretary of the Hellenic League, in which it currently participates, that it would have to complete works to its ground by the end of March 2007 to meet the league's minimum standards. These standards are adopted from the Football Association. This included installing turnstiles, building new stands, a new section for VIPs and ensuring the edge of the pitch was enclosed.

No attempt was made by the club to seek advice from the Borough Council as the planning authority, or submit a planning application, until work started on site without permission in January. The club is situated in Green Belt land, close to residential properties and therefore some of the works which are taking place, such as the installation of floodlights, could have significant environmental implications.

A Temporary Stop Notice was issued on Friday, February 16, which required work to stop for 28 days. However the building works continued so the Borough Council sought legal advice and applied for an injunction to prevent further building works from continuing pending completion of the planning process.

The Council is now monitoring the works being carried out by the club to make safe the unauthorised development on the land and the work being done to complete a concrete path around the perimeter of the

The 'land' refers to Bisley Sports Ground, Church Lane, Bisley.

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Ref: News 413

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