A POWYS landowner who spent Christmas behind bars after refusing to pay a court fine relating to breaching planning regulations has been told that police will not be investigating his complaints about the council. 

Eddie McIntosh, who owns Mellowcroft, just outside Llandegley, near Llandrindod Wells, was jailed in December 2020 over his refusal to pay an £850 crown court fine.

The 56-year-old was jailed at Merthyr Tydfil Crown Court in December 2020 after being found guilty after trial in February 2019 of 15 charges of breaking planning laws by failing to comply with planning enforcement notices served on him by Powys County Council. 

He was ordered to pay £850 within 12 months or face 28 days in prison – but refused to pay the fine – saying ahead of his sentencing hearing his “bags were packed”. He served half of that sentence at HMP Cardiff.

Mr McIntosh had hoped that a Dyfed Powys Police investigation would lead to him being vindicated, but has now been told the force won't be mounting a criminal investigation.

County Times: Eddie McIntosh is led into a police van after he was jailed over Christmas in December 2020 for refusing to pay a fine in relation to breaching planning regulations Eddie McIntosh is led into a police van after he was jailed over Christmas in December 2020 for refusing to pay a fine in relation to breaching planning regulations

“Police received an allegation and extensive enquires were made, including a review by a specialist department and an early consultation with the Crown Prosecution Service,” Dyfed Powys Police said in a statement.

“The enquiries concluded there was insufficient evidence to proceed with a criminal prosecution. No further police action will be taken at this time.”

“Accountability and transparency is all I'm asking for,” said Mr McIntosh, who previously revealed his fight against the council had cost him his marriage.

“While the council are closing local primary schools, depriving communities of vital assets, they've wasted money trying to destroy my smallholding. 

"They could have kept Dolau School going for many more years with what they spent on this malicious, heavy-handed prosecution.

“I lost everything, and it was for nothing. There was never a case to answer. They sent me to jail during a pandemic, and for what? It’s time the council answered for how they’ve acted. They’re just bullies and I’m the little guy who unexpectedly stood up to them and called them out.”  

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Eco-entrepreneur Mr McIntosh bought Mellowcroft, a smallholding formerly known as Rowton Farm, via auction in 2006, following on from a documentary programme he had been part of which restored derelict properties.

He planned to transform the Radnorshire property into a natural holistic retreat – initially making changes such as building a recycling point, a firepit and a pallet footbridge across a ditch.

The council served its first enforcement notice in December 2013 and, at a 2015 public inquiry, the planning inspectorate reached a split decision on Mellowcroft’s 18 alleged breaches of planning. Three of the 18 charges were removed at the 2019 trial.

In January 2016, Mr McIntosh was told the site could be used for agricultural purposes but the inspectorate ruled the development did not have permission for recreational use.

Mr McIntosh is now planning to stand in this week's Powys County Council and community council elections – campaigning for the Penybont and Llandegley parish – although his name does not appear on the ballot in either ward.

County Times: Eddie McIntosh outside one of the structures he built, known as the Classroom. Pic William Parsons Eddie McIntosh outside one of the structures he built, known as the Classroom. Pic William Parsons

A spokesperson for Powys County Council said: “The county council completely refutes Mr McIntosh’s claims of a malicious prosecution by the planning department.

“Issues surrounding Mellowcroft have been tested by the full planning process, including an independent planning inspectorate hearing and the courts. On each occasion they have been dismissed.

“Mr Mcintosh built wooden structures to create a rural retreat at Mellowcroft, which did not have planning permission. He did not have planning permission to live at the site and use it for residential purposes.

“An investigation by planning officers resulted in the council issuing two enforcement notices against the development in March 2015. A retrospective planning application was refused in July 2015. 

“Mr McIntosh appealed against the two enforcement notices, which were heard by an independent planning inspector who, in January 2016, said that the site could be used for agricultural purposes but ruled that the development did not have permission for recreational use, including use as a retreat, or for residential purposes. 

“Mr Mcintosh continued to defy the planning inspector’s ruling and the two enforcement notices by continuing to use Mellowcroft as his residence and not removing a motor home and the various wooden structures he had built.

“This led to him being prosecuted by the council for failing to comply with the planning enforcement notices. He was found guilty of 18 charges under the Town and Country Planning Act 1990 at Merthyr Tydfil Crown Court following a four-day trial.

“He was given a 12-month conditional discharge on three charges and was fined £50, reduced from £100, for each of the remaining changes bringing the total to £750. He was ordered to pay the fine over the next 12 months and if he failed to pay.

“He was jailed following a charge of non-payment of a fine imposed by the courts as part of his sentence. 

“A new planning application for conversion and change of use of welfare cabin to rural enterprise dwelling was submitted by Mr McIntosh in October 2019 and was approved by the council in January 2020.”