ANDREW Clatworthy thought the five-year row over his fence was finally over when an enforcement officer said she was "delighted" with alterations he had made to it.

Then the enforcement officer's boss overruled her and ordered a criminal prosecution that could have landed Mr Clatworthy with a £20,000 fine and a criminal record.

The case was thrown out at Bournemouth Magistrates Court after a judge ruled Poole council's behaviour had amounted to an "abuse of process".

Defence solicitor Lionel Fynn said: "For the council to say the enforcement officer didn't have authority is just not on.

"The public shouldn't be treated like that. The council should be responsible for their own officers."

The fence was originally put up in 2003 and the dispute came to a head with Poole's attempt to prosecute Mr Clatworthy for breaching an enforcement notice.

Mr Fynn, from Bournemouth-based Horsey Lightly Fynn, said: "Mr Clatworthy was ordered to remove his fence or take it down to one metre in height.

"Instead he moved it back one metre as he had previously been advised by council officials.

"The enforcement officer pronounced her delight and said she would put the case forward for no further action'.

"Her boss, Andy Dearing, had other ideas and although he agreed in court he had been brutal', issued criminal proceedings."

Mr Clatworthy, 54, from Milbourne Crescent in Parkstone, said: "It was very disturbing because we honestly thought we had done everything we had been asked to do."

Mr Fynn, a planning law specialist, said: "Case law makes it clear if someone with ostensible authority makes a statement, then the council should stick to it." He added: "Property owners must learn from this situation.

"In many cases they have more to fear from the criminal justice system than real criminals who know how to play the system.

"They are sitting ducks for trigger-happy councils when they smell a technical transgression of the rules of planning."

A spokesman for Poole council said: "We consider the proceedings were brought in line with previous planning decisions, including those of the planning inspectorate.

"We note the court's decision and will continue to prosecute breaches of planning control where appropriate."