A visually impaired mobile home resident has been awarded £5,100 in damages after he was left ‘distressed’ when his garden was ripped up without permission.
Trees and sections of lawn were removed from Andy Waller’s pitch at Nook Park in Great Horwood near Milton Keynes.
Joe Burns, the owner of the park homes estate, must pay the damages to Mr Waller within 28 days, while both parties have the same period of time to appeal.
Mr Waller hailed Judge Sheperd’s damages ruling this week as a “landmark” court victory.
The 60-year-old told the Local Democracy Reporting Service (LDRS): “It has set a precedent in law for others to follow.
READ MORE: Nook Park: Update on mobile homes site expansion timeline
“It is a new landmark case that others will surely follow specifically against site owners that act improperly causing hazardous living conditions, prolonged emotional distress, and flagrant disregard for disabilities.”
The judge found that Mr Waller, a Nook Park resident since 2020, suffered and still suffers from “significant inconvenience and distress” and “disappointment” after his home was interfered with in an “uncaring fashion”.
Mr Waller had claimed in excess of £15,000 for hazardous living conditions, entrenchment, prolonged emotional duress, compounded vulnerability and flagrant disregard for disability.
However, the Judge, who admitted the case was “unusual” accepted that damages of £5,000 were appropriate, in addition to £100 of special damages.
READ MORE: Nook Park: Council Leader Martin Tett under fire over mobile homes
The ruling – which follows Mr Waller’s First-Tier Tribunal win over his pitch in August – is only part of the Tribunal application, and the resident is awaiting further orders from the Judge.
He told the LDRS: “The award ordered is a massive amount under First Tier Property Tribunal rules so indicates how seriously they have taken the case.
“As the judge stated they had no previous cases to refer to for such serious breaches of the pitch agreement.”
Mr Burns told the LDRS: “We think the judge made the correct decision and are very happy with the outcome and the tribunal ruling.
“We continue to progress works on the park and very much hope all residents will be happy with the final result.
“We have already received positive comments from four of the 12 residents on the works that have been carried out to date.”
Mr Burns was found to be in breach of a written statement about the size and location of Mr Waller’s pitch made under the Mobile Homes Act 1983.
Mr Waller is one of several Nook Park residents to have complained about building works carried out at the site since Mr Burns took it over in 2021.
Some residents claim that they were not consulted before hedges, lawns, paths and trees were removed as part of works to expand Nook Park.
Mr Burns has denied that residents were kept in the dark about the work – set to be complete in eight weeks – and claims he tried to hold consultations for the tenants and has sent them letters.
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