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FRIDAY, 23 JANUARY 2004
By
Chris Pollard email: chris.pollard@jpress.co.uk
AN
INVENTOR
who says Wealden District Council has 'rained hell' on him for 21
years has launched legal action against council officers and
cabinet members.
If
he is successful, Nelson Kruschandl will set an important legal
precedent which may see individual councillors taking personal and
financial
responsibility for their decisions for the fist time.
Six
top cabinet members, including Nigel Coltman, and six council
officers, including Charles Lant, are being sued under the Human
Rights Act by Mr Kruschandl. He says the council has
denied him the right to enjoy his home at the old electricity
generator building in Herstmonceux since he applied to convert it
into a residential dwelling in 1982.
'They
refused to grant permission on the grounds that the building had
no historical value' says Mr Kruschandl. 'They also argued
this at appeal. they simply railroaded it through. 'I
knew it was rubbish at the time. Since then, the property has been
included in the English Heritage monument protection program for
buildings of historical importance. 'If a council makes a
decision based on false information, the decision should become void.
but they have failed time and again, to stand up and admit they
were wrong'.
FIGHT
Mr
Kruschandl, aged 48, says he is a 'resilient' character. He
added: 'most people would have given up the fight after a couple
of years, but not me. I've been to appeal, to the High
Court, to the local
ombudsman - but all these safety nets do
not seem to work'. 'The council takes regular enforcement
action against me and has an annual budget of £10,000 set
aside just to fight me. It's ridiculous.'
Mr
Kruschandl claims he is not the only person at odds with Wealden
District Council. he has set up a website for those
involved in council disputes, which he describes as 'a steaming
pile of case history'. He says it has received more than
12,000 hits to date.
Over
the years and after various lost court appearances, judges have
ordered Mr Kruschandl to pay costs totaling £30,000 to the
council. Wealden is now in the process of taking him to
court to reclaim
these funds.
Cllr
Coltman, of Hailsham, said: 'Mr Kruschandl's case is still in the
very early stages. He has jumped through the the first hoop,
but he still has to prove there is a case to answer. 'If he
manages to do this, his case will be presented to the High
Court on February 11, at which point we will be allowed to
have our say. 'We are happy to have all our decisions, and
everything we've done, exposed to the legal light of day. We
have nothing to hide and feel absolutely justified in the
decisions we have made.'
Mr
Kruschandl researches renewable forms of energy and practical ways
for them in everyday vehicles.
His pet creation is Solar
Navigator, a solar powered boat which he hopes will be the
first of its kind to sail around the world.
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