A man found not guilty of wilfully destroying protected woodland will find himself back in court after a magistrate's decision was successfully appealed.

Puisne Judge Norma Wade set aside the verdict "on the ground of a wrong decision in law''.

"I remit the matter to the Court of Summary Jurisdiction with the direction that that Court proceed in accordance with the law.'' Alfred Herbert Perry, of Rocky Ridge Road, Smith's Parish, received approval in principle from the Development Applications Board in March, 1995, to build condominiums on land at Tribe Road 2 in Warwick.

Mr. Perry had the land cleared of trees and vegetation -- including a section zoned woodland protection -- resulting in the charge against him.

Magistrate Edward King ruled in November, 1996, that the Planning Department's letter of permission to Mr. Perry was unclearly worded and did not explain what he could or could not do with the land.

Planning Department enforcement officer Larry Dixon appealed the decision to the Supreme Court.

Mrs. Justice Wade pointed out that Section 68 of the Development and Planning Act 1974 stated "that no person shall undertake any development on any land unless planning permissions for such development has been granted under the Act''.

She said it was necessary to ascertain what kind of mistake Perry made -- as a mistake under the law would not avail him while a mistake of the facts would provide a defence.

"I do not accept, as the Learned Magistrate did, that the crime depended upon the knowledge of the respondent as to whether he had planning permission or not to destroy the vegetation.'' It was clear that Mr. Perry did not have the relevant permission to destroy the vegetation which was an act of development, she continued.

And "without planning permission, no person shall undertake any development'', she said.

"In my judgment, the mistake that the respondent made had nothing to do with the facts of the case.

"On the evidence it is obvious that the respondent's conduct was brought about by a genuine mistake of law and whilst this does not provide a defence to the charge, in an appropriate case it can mitigate the sentence.

"Given these factors, the appeal is allowed.'' PLANNING PLN