A COUPLE who were served an enforcement notice warning them they might be prosecuted for storing materials in a rural area were treated fairly, a High Court judge held yesterday. Mr Justice Rhind said Tse Kwei-king and her husband, Cheung Kam, had been treated fairly and there was no need to interfere with the Director of Planning's decision, made in connection with the control of development in rural areas. The court heard that the couple had been trading in building materials since May 1981. On September 18, 1990, they paid $429,462 for land in Pak Kong Valley, Sai Kung, for storage. But only weeks later, the Government, under the Town Planning Ordinance, gazetted a notice which effectively prohibited any development in the area without planning permission. On March 10, the enforcement notice was served by the Director of Planning to halt storage on the site. The couple contended that the notice should be quashed because the director had erred in fact when he claimed there had been unauthorised development on the site. Mr Justice Rhind said that while the couple faced a possible criminal prosecution, and if they lost they would no longer to able to continue their business at the site, their neighbours also had a legitimate interest in the use of the land. Instead of looking out on farmland as before, the neighbours now had a view of a builder's yard. They also had to cope with dust from the cement, sand and gravel stored there, he said.