WDC FEARS JOHN HOATH
BREACHES OF ARTICLE 6
The chief enforcement officer of Wealden District Council, sought authority to engage contractors to remove containers at Withylands Farm, Crowborough. A senior Wealden solicitor, advised the north district planning committee (DCN) not to allow John Hoath his right to a fair hearing, but rather to skip this stage and just take the offending articles. The council's solicitor said it would be a mistake to allow Mr Hoath a platform from which he could defend his use of containers for the storage of wood in the Magistrates or Crown Court. Councillors were told this because the officers knew they would lose the case. This is also the reason why they refused to reveal their case against Mr de Rivaz in a landmark drainage case.
How do we know this? Well, some closed session reports are recorded and supplied to us anonymously. In fact holding a meeting affecting a persons rights in closed session is also a breach of Article 6. This is because a person is entitled to know what is being said about him, doors open, and to address whatever committee (a quasi court) is taking a decision affecting his rights.
Again, the point here is that this council knew it was acting unlawfully in this case and it knew it was acting unlawfully concerning Brian Goodacre and Lawrie Trill. Did it stop these bullies - not on your life. So it's up to us to show you, the public, where this council are routinely abusing the private citizen's rights.
Should officers from Wealden turn up on your doorstep to do something you know is unlawful, call the Police. Demand to see the officers written authorisation - the one authorised behind closed doors in breach of Article 6. This is your right as seen in the Planning and compensation Act 1991. If possible film the event as evidence for the Court and keep a record of how many visits the officers make at public expense. Misuse of public authority is a criminal offence much as failing to do ones duty (as in ensure everyone has a fair hearing) is also an offence as per R v Dytham 1979. It is also an offence to cause public funds to be used for an improper purpose.
If you are threatened with direct action following the issue of an enforcement notice and you know you have a case, write to every member of the relevant planning committee and your MP to complain and put them on Notice. Every council member is charged with keeping their officers in check: see councillor's behaving badly.
If you are an officer in the employ of Wealden District Council and you hear officers advising members to break the law, why not blow the whistle. It can't be held against you and it may save an innocent member of the public from yet further harassment and abuse.
THIS SITE CONTAINS MANY EXAMPLES OF THIS COUNCIL'S UNREASONABLE BEHAVIOUR - With thanks to Action Groups across the country for the supply of real case history and supporting documents. *THAT THE PUBLIC MAY KNOW*
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