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Flood barrier case appeal plan
Monday 28th August 2006, 8:20AM BST.
He faced charges brought by the Environment Agency and Powysland Internal Drainage Board.
He was prosecuted after he rebuilt the “argae” flood defence to protect historic Trewern Hall, near Welshpool.
Till denied that he had breached the 1991 Water Resources Act by building up the barrier, and the 1991 Land Drainage Act by obstructing the flow of water.
But he was convicted and fined £5,000 with costs of £32,000.
At Mold Crown Court on Friday a date was set for an appeal against conviction and sentence.
An Environment Agency spokeswoman said three days had been set aside for a hearing at Mold Crown Court on November 6, 7 and 8 although it is possible that the first day will be heard in Welshpool so the court will be able to visit the site.
At the conclusion of July’s hearing, Welshpool magistrates found that the Trewern argae had been increased in height since it was originally built in 1864 and that the work carried out last year by Mr Till was a new construction and not a repair.
Gwilym Humphreys, who chaired the case, said the works were a construction, within the meaning of the law, in a place likely to divert or obstruct a flow of flood water and therefore raise floodwater levels.
Mr Till claimed he had acted within the law to repair the barrier in accordance with the original design.
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