A TOWN councillor who flouted planning laws has been cleared of bringing his authority into disrepute and breaching the code of conduct - thanks to a legal ruling from the case against Mayor of London Ken Livingstone.

Councillor Tim Perry, vice chairman of Upton-upon-Severn Town Coun-cil's planning committee, built his garage in New Street, which is in the town's conservation area, without planning consent in 2003.

He was refused retrospective planning permission and subsequently lost an appeal against an enforcement notice requiring the building to be removed.

Action was taken against Coun Perry by Malvern Hills District Council, whose planning officers said the garage, described by one neighbour as an "eyesore", spoiled the character and appearance of the area. However, at Wednesday's standards committee hearing, Coun Perry was cleared.

Storm Westmaas, principal legal adviser to the ethical standards officer, cited the benchmark case of Ken Livingstone versus the adjudication panel for England, when the mayor was cleared of breaching the code of conduct after insulting a Jewish London Evening Standard reporter by likening him to a concentration camp guard. Mr Westmaas said it was decided that Livingstone had not brought his council into disrepute, because his comments were not considered sufficiently serious or offensive and, more importantly, were not made when he was acting in his official capacity.

Speaking about Coun Perry's case, Mr Westmaas said: "Whether in these circumstances this councillor has brought his council into disrepute, what this is saying is no. Unless that conduct is such that it is somehow linked to his functions as a councillor, it's outside of the code of conduct."

On hearing this, Coun Perry said: "This backs up my initial argument that this was not a breach of the code. I believe I have done nothing wrong to bring the council into disrepute."

After the committee retired to make its decision, chairman Tony Lyons said: "We have come to the conclusion that you did not fail to comply with the code of conduct.

"You may have brought yourself into disrepute, but you did not bring your office or authority into disrepute."

Coun Perry declined to comment when contacted by the Worcester News following the hearing.

Malvern Hills District Council intends to ensure Coun Perry obeys the enforcement notice and demolishes the garage.SEE FRIDAY'S COMMENT