Walsall Council threatened with court in food venue row
Walsall Council said it will ‘robustly defend its position’ in court following legal action from a town centre food venue.
Rooftop Food Court was forced to close in October 2025 after Walsall Council issued a Temporary Stop Notice to the owners.
The venue, located on top of Asda’s George Street multi-storey car park, opened without planning permission earlier last year.
The notice stated the facility – with over a dozen vendors in shipping containers, an outdoor cinema, and seating for 350 people – posed an ‘immediate risk’ to public safety.
It was allowed to reopen again in December after the council formally withdrew the notice following the owner’s compliance.
Now the business is seeking compensation from the authority for the ‘substantial losses incurred’ from it being shut down.
The company has also submitted an application for a judicial review into the decision to issue the stop notice.
The company described the council’s approach as ‘disproportionate and damaging’ and said if the authority was to agree on liability and compensation, it would revoke the High Court challenge.
In November, the owners submitted a retrospective planning application in a bid to secure the facility, which is set to be decided at a planning committee meeting.
Rooftop Food Court said: “Our landmark venue recently faced severe and unwarranted enforcement action from Walsall Council.
“This stance was taken despite our project being the very type of innovative initiative the council claims to support, and appears to contradict its own enforcement policies.
“We believe the council’s approach has been disproportionate and damaging.
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“While we defend our business through proper legal channels, our primary focus remains on serving our community and visitors.
“We thank our customers, vendors, and supporters for their unwavering loyalty during this challenging time.
“We are open to the public daily from 5pm to 11pm.”
A spokesperson for Walsall Council said: “The local planning authority is in receipt of a planning application on the Asda car park site.
“The application will be considered at planning committee when it has been assessed against the relevant planning policy and a recommendation arrived at.
“Separately, the owners of the site have submitted an application for judicial review to the High Court with regard to the Temporary Stop Notice issued by the council.
“In relation to this matter the council is actively and robustly defending its position.”
