Llandybie man fined for listed building offence
The owner of the listed Felin Wen mill in Llandybie has been fined for making changes without listed building consent.
Nigel John Humphreys was convicted following a trial at Llanelli Magistrates Court yesterday of an offence contrary to section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely the removal and destruction of mill machinery from the listed mill Felin Wen, in his ownership, without listed building consent.
Mr. Humphreys had claimed the statutory defence allowed under the Act, that he needed to carry out the work for safety reasons and to preserve the building, and in an earlier hearing in November 2009 the magistrates found that the statutory defence had been proved, issuing a not guilty verdict.
Following an appeal by Carmarthenshire County Council, the High Court determined that the Justices’ conclusion on the statutory defence was fatally flawed, and ordered the matter to be remitted to the same bench of justices.
At the second court case, the magistrates again heard evidence from Mr Humphreys and his representatives and from the county council’s expert witnesses, and concluded that the works involving the destruction of the water mill’s historic machinery were not limited to the minimum measures immediately necessary to ensure the interests of health or safety or the preservation of the building.
Mr Humphreys of 5 Penpound Lane, Llandybie, was fined £1,000 and ordered to pay £2,500 prosecution costs.
The council’s Head of Planning Eifion Bowen said that his Conservation Section was there to give advice on consent requirements.
Executive board member for regeneration and leisure Cllr Clive Scourfield said: “The county council looks at prosecutions as a last resort, but in cases where original historic features are destroyed then prosecution is usual.
“It would be unfair on those who abide by the law to allow others to disregard the same laws, and the authority takes very seriously the statutory duties placed on it by Parliament with regard to listed buildings.”
Nigel John Humphreys was convicted following a trial at Llanelli Magistrates Court yesterday of an offence contrary to section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely the removal and destruction of mill machinery from the listed mill Felin Wen, in his ownership, without listed building consent.
Mr. Humphreys had claimed the statutory defence allowed under the Act, that he needed to carry out the work for safety reasons and to preserve the building, and in an earlier hearing in November 2009 the magistrates found that the statutory defence had been proved, issuing a not guilty verdict.
Following an appeal by Carmarthenshire County Council, the High Court determined that the Justices’ conclusion on the statutory defence was fatally flawed, and ordered the matter to be remitted to the same bench of justices.
At the second court case, the magistrates again heard evidence from Mr Humphreys and his representatives and from the county council’s expert witnesses, and concluded that the works involving the destruction of the water mill’s historic machinery were not limited to the minimum measures immediately necessary to ensure the interests of health or safety or the preservation of the building.
Mr Humphreys of 5 Penpound Lane, Llandybie, was fined £1,000 and ordered to pay £2,500 prosecution costs.
The council’s Head of Planning Eifion Bowen said that his Conservation Section was there to give advice on consent requirements.
Executive board member for regeneration and leisure Cllr Clive Scourfield said: “The county council looks at prosecutions as a last resort, but in cases where original historic features are destroyed then prosecution is usual.
“It would be unfair on those who abide by the law to allow others to disregard the same laws, and the authority takes very seriously the statutory duties placed on it by Parliament with regard to listed buildings.”
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