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.
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.