UK PROPERTY LAW

Earlier this year, Erinsborough City Council approved an application from Debatable Recycling Solutions ('DRS') granting permission to build a heat and power plant, recycling plant, anaerobic digester and a waste water treatment centre at a disused airfield on the outskirts of the city centre. If the plant gets built, DRS will collect waste from Erinsborough households, local authority services and some local businesses. The waste will then be fed into a large incineration unit where it will be burnt at very high temperatures to generate electricity for the National Grid and hot water for local homes and businesses.

The proposals are very controversial, as the plant will be located close to some homes and businesses. A national campaign group, Everybody Needs Good Neighbours, has heard about this and decides to take direct action to protest against the proposed construction of the plant.

Around 20 protestors, including at least two local residents, occupy an Erinsborough City Council building. None of the protestors have entered any other council buildings.

You receive a telephone call from the Chief Executive of Erinsborough City Council seeking your advice. She explains that the council holds its premises under a lease granted by Grovesfield Holdings plc, a large property owner. She wants to obtain a court order on behalf of the council for possession of the occupied building together with 3 other buildings owned by Grovesfield and leased to the council. These buildings are adjacent to the occupied building and the council is worried that the protestors might also occupy those buildings.

Using IRAC method, how would you advise Erinsborough City Council?