Clameur car case appeal could hinge on change in condition
'ENFORCEMENT action is out of date and no longer applicable', Neil Ozanne argued as he produced new evidence during an appeal against a notice to remove a dilapidated Kia Sportage from his property.
At a planning appeals tribunal hearing at Les Cotils, Mr Ozanne, 52, was contesting a third compliance notice, which was served on 23 December 2016.
Nine days before that, Mr Ozanne, who lives at Rue de la Falaise, St Martin's, raised the Clameur de Haro, a Norman custom of crying for justice, which prevented planners from having the vehicle removed following a separate compliance notice.
The clameur was accepted by Bailiff Sir Richard Collas on the grounds that a section of Land Planning and Development Law had been cited incorrectly.
Planning was represented at the hearing by director of planning Jim Rowles and enforcement officer Dave Perrio.
Mr Ozanne alleged the new compliance notice had 'breached' the rules of the clameur and that 'Mr Rowles and Mr Perrio are still trying to enter my property in contempt of the Royal Court'.
He also argued that attempts to remove the Kia Sportage could not be applied, as the four-year enforcement window since he first placed the car on his land had elapsed.
'It was driven onto the land following a road traffic accident, no later than 28 August 2010,' he said. 'Whether it is a movable structure or not doesn't matter as it is outside the maximum limits for enforcement actions by nearly twice the amount. Pursuing it is bullying, a waste of time and a waste of taxpayers' money.'
However, Mr Rowles said the Kia Sportage, which does not have planning permission to be on the land, had become a movable structure only around 16 months ago after Mr Ozanne made the vehicle 'legally undriveable'.
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