A leading produce company is preparing to fight a council’s bid to have one of its directors imprisoned following a planning wrangle.

Herefordshire Council has applied to the High Court to have John Davies, of S&A Produce, imprisoned for an alleged breach of the terms of an injunction. It is also seeking to seize the company’s assets and asks for it to be fined for contempt of court.

It claims the company carried out unauthorised works at its farm in Brierly, near Leominster.

In a statement S&A said: “Because of the installation of some windows, Herefordshire Council are now applying to imprison one of the most successful businessmen in Herefordshire.”

The company, however, said it was given advice that the work was not in breach of the council injunction.

In its application, the council said it wrote to the company, demanding it return an outbuilding to its former condition, however the deadline was ignored.

S&A had started constructing a "village" complex for migrant strawberry pickers, complete with an internet cafe and swimming pool, when it was denied retrospective planning permission by Herefordshire Council in May 2004. Consent was refused against the advice of council planners.

The High Court later upheld an injunction, obtained by the council, preventing further building work at Brierley, although an appeal is due to be heard in the summer.

The council said that despite several warnings, S&A had done nothing to restore the building and it considered that a breach of the High Court order.

S&A said it had taken advice before carrying out work on the windows of the building that the council has complained about. It said it has received legal advice and claims it has kept within the terms of the original injunction.

The company’s statement complains about the behaviour of the council: “Many councillors were offensive towards John Davies personally in language. It seemed that an offensive and oppressive attitude prevailed within Herefordshire Council.”

The building concerned is an amenity building for the use of seasonal agricultural workers and S&A said the windows were installed for the workers safety.

The statement said: “Last season the building was in use without windows, the wind and rain entered and made the floors slippery and dangerous. Our expert now advises there should be windows. Now either the court agrees with our expert or John Davies is ordered to remove the windows. The prison system does not want John Davies even if the council want him in prison.”

A high court hearing is scheduled for July 12, when S&A will appeal against the council’s injunction.