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11:51am Wednesday 11th November 2009
A RETIRED Llandybie builder has launched a blistering attack on Carmarthenshire Council planning chiefs after being cleared of carrying out major alterations to a listed building without permission.
Nigel John Humphreys, of 5 Penpound Lane, had denied carrying out unnecessary work at Felin Wen Mill between Christmas Eve 2007, and January 6, 2008.
And the case against him was thrown out after a structural engineer told Llanelli magistrates that the demolition of the internal workings of the historic watermill were essential to the building’s preservation.
Giving his reaction on being acquitted, Mr Humphreys, 65, said: “I’m just numb. My throat dried up completely and I could have cried – Jacqueline, my wife, did. This case, which has been going on for two years, has been absolutely devastating for us.
“All the council officers seemed to suffer from collective amnesia but fortunately for us the Bench saw right through it.
“I told them that if I’d had a tape recording of all the conversations I’d had with council officers, we wouldn’t be in court today.
“The law states that if you can prove what you are doing is reasonable and right you have a statutory defence and I had a structural engineer’s report stating that the machinery had to come out.”
But Mr Humphreys felt the magistrates’ decision to travel to Llandybie and view the property themselves had proved crucial to the outcome of the case.
“That was the clincher,” he said.
Mr Humphreys’ solicitor’s and barrister’s fees of £28,000 will be met from central funds.
“I feel the county council should pay them, otherwise there’s no deterrent,” he said.
A council spokesman said officers were “surprised and disappointed” by the court’s decision.
“We have requested a written copy of the magistrates’ decision and their reasons, and we will be considering our legal position,” he added.
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