Herefordshire councillors have hit out at the government for dropping a case against S&A Property, in a case that has been branded locally as the Battle of Strawberry Fields.

The leader of Herefordshire Council, Councillor Roger Phillips, told local papers he was astonished and disappointed at government solicitors, who have pulled out of court proceedings against S&A.

He called for the Treasury Solicitor to explain why it will not contest a High Court appeal by the Marden-based fruit company to keep a utility building, sewerage works and road network at Brierley Court Farm.

The decision left Herefordshire Council with no option but to withdraw from the appeal proceedings, which had been due to be heard on Monday.

Councillor Phillips said: “This is an astonishing decision for the Treasury Solicitor to reach. I am completely dismayed and disappointed.”

The secretary of state must now decide whether to accept the planning inspector’s original recommendation, reached after a public inquiry last summer, or hold a second public inquiry.

The inspector refused to grant retrospective permission for the utility building, sewerage works and road infrastructure at Brierley.