DEVELOPER Paul Dew is confident that work will resume on a sensitive site at Holme in Cliviger within a few days.
Excavation work which has ripped up bluebells from a wood was stopped yesterday when Burnley Council officers successfully applied to the High Court Queen's Bench Division in Manchester for an injunction.
The order was served on Mr Dew yesterday afternoon after which the excavators ground to a halt.
Mr Dew said today: "Work has stopped for the moment.
"What happened yesterday is that the council went to court and put their side of the argument without telling me they were going or allowing me the opportunity of attending with the paperwork which I say gives me permission to do the work. "The Judge may have taken a different view in those circumstances.''
Mr Dew is expecting to attend the High Court with the next seven to 14 days to present his case.
He said: "I don't think it will be necessary to instruct a solicitor. Production of the paperwork and inviting the Judge for a site visit so that he can see for himself should be enough. "I am confident we will be back in operation very soon.''
The injunction orders Mr Dew to stop excavation works on the land, forbids him from using an unauthorised access, forbids him from demolishing any listed building, object or structure fixed to or within the curtilage of a listed building and forbids him from removing or damaging any trees subject to a tree preservation order.
The order includes the warning: "Take notice that if you disobey this order you will be guilty of Contempt of Court and will be liable to a fine or to be committed to prison.''
Work on the land next to The Holme nursing home has led to a storm of objections claiming that Mr Dew has damaged trees, damaged a listed stone wall and removed topsoil and bluebells.
Mr Dew has maintained all along that he has a felling licence from the Forest Authority and planning permission from Burnley Council for a 20-bedroom building.
He says all the work he has done or intends to do is fully authorised.
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