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What a load of rubbish! Neighbours' disgust as hoarder wins 'human rights' fight to keep garden eyes

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What a load of rubbish! Neighbours' disgust as hoarder wins 'human rights' fight to keep garden eyesore

 

 

 

By Colin Fernandez

Last updated at 12:28 AM on 01st March 2010

 

 

 

After years of complaint about the garbage in Richard Wallace's garden, villagers were delighted when the council ordered him to clear it up.

But the 59-year-old bachelor refused to take the decision lying down.

He took the case first to magistrates, then to the crown court arguing that it was his 'human right' to hoard junk on his two adjacent properties.

 

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Master of the midden: Richard Wallace, who has won an appeal against a council order to tidy up his gardens

 

Yesterday he was 'walking on air' after a judge ruled in his favour.

Neighbours, however, were incredulous. 'What about our human right to a clean environment?' said one.

Another added: 'It's a ridiculous decision. If you look on Google's satellite image of the road you can see the junk - that's how much there is.'

Mr Wallace lives in a bungalow and uses the semi-detached house next door for storage in Westcott, near Dorking, Surrey.

Apart from blighting their chances in best-kept village contests, neighbours feared that the detritus outside his properties was a health hazard.

 

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The Wasteland: An aerial view of Mr Wallace's two properties, within the red line

 

In his front garden, within a conservation area and a designated Area of Outstanding Natural Beauty, are hundreds of bags of household waste and packaging. Six old cars - three Jaguars, one Audi and two Wolseleys dating from the 1940s to the 1970s - are clearly visible.

Other items he has hoarded include bags of tin cans, an office chair covered with moss, a pushchair, tarpaulins, old front doors and kitchen sinks.

He also has a collection of newspapers stretching back 34 years.

Robert Primrose, a senior planning enforcement officer with Mole Valley council, served an order against Mr Wallace under the Town and Country Planning Act telling him to clear the mess.

He appealed unsuccessfully to magistrates, then won his case at Guildford Crown Court after Recorder Christopher Purchas QC studied photographs of the area.

 

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Blighted: The rest of the village of Westcott is kept in perfect order

 

Robert Primrose, a senior planning enforcement officer with the council brought and order against Mr Wallace under Section 215 of the Town and Country Planning Act.

He told the court: 'I arrived in June 2003 at Mole Valley and we visited the site in Westcott since that time, it became apparent that it is in a state of disrepair.

'The front gardens were overgrown and full of rubbish. I have visited it several times over the last eight years. It has been like this for a number of years and Mr Wallace is still taking material into the property and there has been not improvement since we served the notice.

'I have had a number of complaints from the parish council of Westcott, who have received complaints from the residents of Westcott.'

After looking at the photographs Recorder Christopher Purchas QC of Guildford Crown Court said: 'We have come to the conclusion that the local authority weren't justified.

 

 

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Driven round the bend: An aerial view of Mr Wallace's collection of old cars

 

The judge said: 'We have come to the conclusion that the local authority weren't justified. The evidence does not go far enough to show Mr Wallace in his use of his property interfered with the amenity of other people who live in the locality, and we have come to the conclusion that this order should be dismissed.'

A horror-struck neighbour of Mr Wallace described him as the village's own 'Stig of the Dump'.

'The judge should have come and had a look at the place for himself and then he would see the rat-infested hovel we are forced to live with,' said the 49-year-old.

'Maybe he should try living next to that eyesore for a week - it is a massive health risk.'

Mr Wallace said of the court battle: 'I gave it my all and it has been quite an exhilarating process. I don't see why I shouldn't be allowed to accumulate without people trying to get on their high horse about it.

‘People are entitled to the peaceful enjoyment of their possessions. I do still plan to tidy and organise the rubbish. The problem is lack of time. There are so many things one has to do living on one's own, like cooking and things. I will sort it out eventually but I would rather do it in my own time and not be coerced into it.'

 

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Old news: The junk doesn't just take up space in Mr Wallace's garden. This is the view through one of his windows

 

As for the site being a health hazard, he said: 'I have lived here since 1961 and I haven't been to a doctor in 25 years. You hear of these young children in India who live in tips and scavenge for food and survive.'

He added: 'I just can't bear to see perfectly good things being thrown away. I appreciate it is in a state and when I get a bit more time I will do something about it.

'People throw all sorts of things in skips which I think would be useful and it just builds up.'

A council spokesman said: 'Naturally we are disappointed with this outcome. The council will reflect on the court's decision including whether there is any other action that can be taken.

'This will need to be considered in the light of the need to balance protecting the local environment with careful use of council taxpayers' money.'

  • Author

Well somebody obviously does, as they felt compelled to comment on it!:rolleyes:

Looks comfy :awesome:

 

 

*Edit: OMG is there a dead cat in the window!? :shocked3:

  • Author
Looks comfy :awesome:

 

 

*Edit: OMG is there a dead cat in the window!? :shocked3:

 

More than likely!:stunned:

After some closer examination I believe it's just dirty old newspaper. Still, burn that damn place, WURGH! :sick:

Looks comfy :awesome:

 

 

*Edit: OMG is there a dead cat in the window!? :shocked3:

 

:lol: That's something of the best I've heard all day!!

uhh... thanks?

 

 

 

:laugh3:

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