Reed bed row rumbling on

The judge refused to back Malvern Hills District Council in its bid to get the reed bed system serving King's End Cottage replaced.

Owner Claire Crossley, aged 55, has now spent more than £100,000 in legal wrangling over the £25,000 reed bed she installed in 1997 on woodland belonging to her neighbour, Robin Wallace.

She plans to continue the fight at Worcester County Court on April 18 next year, when she faces a civil claim from Mr Wallace for nuisance and trespass.

Initially Mr Wallace, of Pond House, Ham Hill, Powick, Malvern Hills District Council and the Environment Agency all agreed to the reed bed system, but Mr Wallace later complained about the smell.

In March 2001 the council served a notice under the Building Act, claiming that the system was insufficient and causing a nuisance.

Since then, Mrs Crossley has failed in appeals against the nuisance order in both the Magistrates' and Crown Courts.

At yesterday's hearing, Mr Justice Collins refused - pending the outcome of the civil case - to dismiss Mrs Crossley's application for judicial review, or lift her "stay" on the order to remove the system.

He awarded costs to Mrs Crossley, against Malvern Hills District Council.

"The whole issue of nuisance will be re-litigated in the County Court," he said.

Afterwards, Mrs Crossley, a company director, who lives in Holborn, London, said she was delighted with the judge's decision.

"I feel Malvern Hills District Council has wasted taxpayers' money in making this application," she said.

"I've spent a huge amount, over £100,000, but my husband and I are confident we will win the property rights issue, with a ruling that I do have a legal right to go on to the woodland," she said.

"In the meantime, the reed bed stays.

"In June, the Environment Agency said the water quality of the effluent was excellent."

Mr Wallace was not available for comment before the Evening News went to press.