Multiple legal challenges against Walsall Council in a dispute over an unauthorised food venue have been rejected by the court. Walsall Council has confirmed that two judicial reviews and two injunctions against the authority for its enforcement action at the Rooftop Food Court have all been dismissed. The council has been awarded £21,000 in legal costs so far.
Background of the Rooftop Food Court
The popular venue on top of Asda’s George Street multi-storey car park opened without permission early last year. The site, operated by Easy Park, boasted around a dozen shipping containers each offering street food, a silent outdoor cinema, and seating for 350 people. However, Walsall Council said the activities posed an immediate risk to public safety and shut down operations with a temporary stop notice in October 2025. In November 2025, a planning application was submitted to have the venue regularised, but members of Walsall Council’s planning committee refused it in April 2026.
Safety Concerns Raised
Members heard how several of the fire exits at the multi-storey George Street car park were blocked with cable ties, a steel plate, and a roller shutter. The chairman of the planning committee at the time, Mike Bird, said: “One word: Grenfell.” Members also heard how the foul drainage system for fats and grease was illegally attached to the council’s surface highway system. It was described by a drainage consultant as the ‘worst workmanship’ they’d seen in ‘45 years’.
Legal Challenges Dismissed
The first judicial review that was dismissed by the court was in relation to the stop notice issued in October 2025. The second sought to challenge the council’s decision to serve a planning stop notice, which was dismissed in June 2026. Two injunctions were also applied for by the owners, both to prevent the stop notice from having effect. Both were thrown out in May and June 2026.
A spokesperson for the Rooftop Food Court said the cases were dismissed as the company chose to cease legal action and let proceedings lapse due to change in leadership following the local elections. They said it voluntarily chose not to prolong the court process to avoid costs and that it hoped to work constructively with the new Reform administration.
Planning Appeal and Future Plans
Alongside the legal challenges, the Rooftop Food Court also submitted an appeal to the planning inspector over the council’s decision to refuse planning permission. Final comments were submitted last week and a decision will be issued in due course. A spokesperson for the Rooftop Food Court said: “Regarding the recent legal proceedings, we confirm that we did not pursue the judicial reviews to a full hearing, nor did we instruct legal counsel for that stage. Had the previous administration remained in place, we would have proceeded with legal representation. However, following the election and the resulting change in council leadership, we made the intentional decision to cease legal action and let the case lapse. We voluntarily chose not to prolong a protracted court process that would have incurred unnecessary costs for both the council and ourselves, and we have since paid the council’s solicitors’ costs as required. Our decision to withdraw was intentional, as our focus has shifted toward constructive engagement with the new Reform administration. We believe the recent election results—which saw the removal of many former councillors, including former leader Mike Bird—reflect a clear desire from the public for a new, positive direction that prioritises local economic prosperity. Regarding our site, we would like to clarify that recent independent fire inspections have affirmed our safety, directly contradicting the previous disparaging comparisons made by Mike Bird. We have received recommendations for improvements, the majority of which have already been implemented, with evidence duly submitted to the fire department. We are now focused on a new planning application which addresses all previous council concerns—including the formal incorporation of third-floor waste management facilities that were not included in our previous application. Please note that while a separate appeal remains underway regarding the fourth floor, this new application is intended to proactively resolve matters regarding the third floor. We look forward to working collaboratively with the new council to ensure that the world’s largest rooftop food court and cinema becomes a cornerstone of Walsall’s economic success.”
Council Response
Portfolio holder for street scene and enforcement, Councillor Ian Benton, said: “Enforcement helps to maintain a fair safer planning system and to protect the amenity of residents and our local communities. The council continues to work with partners to take a proactive approach, escalating to legal action where necessary, to ensure compliance and safeguard communities, demonstrating a clear commitment to taking decisive action when serious breaches of planning control are identified. Recently, we have been investing more in our planning enforcement team to ensure that we are able to respond in an effective and efficient manner.”
