woodland after a Magistrate agreed his letter of Planning permission was unclearly worded.

"I find he acted under a mistaken belief and held that belief on reasonable grounds,'' said Edward King.

Mr. Perry, of Rocky Ridge Road, Smith's Parish, had applied to build condominiums on land at Tribe Road 2 in Warwick.

The Development Applications Board approved the proposal in principle, subject to conditions.

Magistrates' Court heard, however, an area affected by the proposed development was a triangular section zoned "woodland protection''. And Mr.

Perry got the land cleared of trees and vegetation.

This was brought to the Planning Department's attention, leading to the charge against Mr. Perry.

In his judgment, Mr. King said the DAB sent a letter to Mr. Perry, explaining its decision to grant in principle permission.

But the letter did not explain the department's position in layman's terms.

King said the DAB's conditions did not expressly state what Mr. Perry could or could not do on the land.

And the Board did not explain the distinction between in principle and final approval.

"One can appreciate why the defendant would believe he was not committing a crime.'' After giving his judgment, Mr. King said the DAB should be clearer in future when explaining planning decisions.

Mr. Perry later told The Royal Gazette he had cleared up the land following complaints about garbage there.

"I'm very pleased with the outcome of the case, although I'm very disappointed with the Planning Department that this had to go to court.'' "The sad part is that planning made a big deal about this, but all to the west and east of the land there is nothing but buildings, while to the north where its wooded it's up for sale for five lots.''