Kenneth Wilson was the District Planning Office who signed the defective Enforcement Plans in 1986 that were served on Nelson Kruschandl a day or so outside the four years to be effective. Unfortunately, a few days of the four years of occupation could not be proved. This was, however, irrelevant because the Notice and accompanying plans were never served on the then owners of land to the north of the generating buildings, rendering them a nullity. Nor did the plans correctly identify a bomb shelter that was referred to as a garden tool store, but actually made reference to a brick built coal bunker that was rendered to look like concrete. The Second World War bomb shelter was built of brick, set into a hillside, this building and others on site became immune from subsequent enforcement proceedings because of the errors in service.
This error was later identified as invalidating the so-called enforcement notice when in the Crown Court a fine and conviction from the Magistrates court below were quashed by Judge T Clay. This was because it was shown to the Court that areas not covered by the Plan were being used for accommodation, rather than areas that were included in the plan(s). In law, if an enforcement plan does not cover all of the residential use complained of, the entire enforcement plan and accompanying notice are held to be defective, hence, a nullity in law.
According to his 'Witness Statement' in connection with the Public Inquiry on the 27th of January 1987, Thomas Hoy was the planning enforcement officer reporting to George Morham White, the principle planning officer at Wealden District Council who in turn reported to Kenneth Wilson. As such all three officers are implicated in the conspiracy to pervert the course of justice that we are attempting to unravel.
Both officers, aided and abetted by Richard Mercer, spun out a story that evaded the main subject, in that the buildings in question were the old generating works from C. 1900-1909. Somehow, a clever town planner like Mr White completely forgot to consult with the experts and, presumably, the council's own conservation officer(s). The experts were at the time held to be the County Archaeologist and English Heritage.
Really, do you expect us to believe that? Shame on you Kenneth! This was obviously a carefully rehearsed presentation designed to fool Inspector Raymond Dannruether, or rather cajole the mature gentleman into going along with the deception - for that is what it was in our view.
KENNETH Wilson, the first chief executive of
Wealden District Council who also helped set up Hailsham's leisure centre, has died.
Kelvin Williams, Victorio Scarpa, David Whibley, Julian Black, Daniel Goodwin
Christine Nuttall, David Phillips, Douglas Moss, Ian Kay, Charles Lant
PROCEEDS OF CRIME - Council officers who tow the party line are not only highly paid civil servants, but also stand to benefit from their involvement with underhanded dealings in planning consents in other geographical regions where there may be a "you scratch my back, and we'll scratch yours" arrangement. On the other hand, it could be that insider knowledge can be used legitimately to obtain consents for houses in the country such as this nice little retreat in an out of the way location, that might be termed green belt to the man in the street. If a council officer is paid cash for favours or receives 'in-kind' inducements for what amounts to fraudulent or even insider dealing and they are convicted, their assets could be seized by way of proceeds of crime. Is it worth it? Yes, power corrupts. It always will and those in positions of power will sometimes be tempted - because they know that others in their ring of power will protect them when the brown stuff hits the fan.
MISFEASANCE & MALFEASANCE
When an officer of the courts omits to include evidence that he knows is relevant to a hearing, that is termed misfeasance in public office. Where an officer then tries to cover up his or her misfeasance (as did Ian Kay in the Stream Farm matter), that becomes malfeasance. The difference is that misfeasance is a civil wrong, whereas malfeasance is a criminal offence. The leading case precedent on malfeasance is: R. v Bowden 1995 Court of Appeal (98 1 WLR). There is no statute time bar concerning the criminal wrongdoing of a council, but there have been no prosecutions by the Sussex Police, despite ample evidence to secure a conviction. We can only conclude from this that the police must be involved in the cover up and that was amply demonstrated by the Petition and the failure of Sussex Police to interview any one of the 12 independent witnesses.
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