'Eco-warriors' lose


Protesters against the proposed Birmingham Northern Relief Road lost another High Court battle against its progress last week.

The Judge, Master Graham Eyre, took seconds to grant eviction orders against the so-called "eco-warriors", telling them to quit Monemor House and number 2 Monemor Cottages, near Lichfield, Staffordshire.

In a hearing held in the chambers David Elkin, counsel for the Treasury Solicitor, said the cottages were needed for the relief road and the protesters had been given notification to quit earlier this month.

They had provided an unsworn document for the hearing which raised a few new points but provided "no defence to resist the inevitable."

He submitted there was no jurisdiction for the court to refuse the Department's claim that the protesters were illegally occupying land which was the subject of a compulsory purchase order. They were, quite simply, trespassers.
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The road protest campaign had one avowed intent - to stop the relief road, he added.

David Watkinson, counsel for the protesters, applied for an adjournment of proceedings until after the judicial review challenge to the compulsory purchase orders was heard.

If the judicial review succeeded, either on its planned dates of October 5 and 6 this year, or later, the land would no longer be required for its designated purpose and the protesters would vacate it. He also submitted that the scope of the orders sought was excessive.

The possession order did not establish the occupation of Monemor House, merely that it was "possible" that there were protest tunnels under the house.

Mr Watkinson said: "At the very least there is an issue on this which can only be resolved by testing the evidence."

Mr Watkinson's arguments were immediately rejected by Master Eyre, who granted the orders sought with costs of £250.


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