comply with a planning enforcement notice, Magistrates' Court heard yesterday.

Last year Mr. Peniston was charged with failing to comply with the notice after 28 days.

Crown Counsel Ms. Sharon Kenny said Mr. Peniston failed to follow orders given by the Planning Department to improve surroundings of a swimming pool at his home, and using an apartment as a separate dwelling unit.

Mr. Peniston said he was granted occupancy for the upstairs and the downstairs would be completed when funds were obtained.

He said he had joint ownership with his first wife Sylvia. He said: "It was never made into a separate dwelling. The pool was not complete, it was never used. I received a notice from the Planning Department, but due to my relationship with the co-owner I was not able to do anything on my own. I moved out in 1987.'' When asked why he ignored letters that were sent to him by the Planning Department, Mr. Peniston said: "I do not think that they were necessarily ignored, I did not have independent and arbitrary authority to act.

"They were responded to verbally to the Director of Planning and there was also some written communication.'' He claimed he received a letter from Planning saying the pool was dangerous because of a need for a railing, walls, fences, and gates.

Ms Kenny stated that Mr. Peniston knew the pool was used for an Easter party.

He said he did not recall the party. He added: "I recall it being brought to my attention that the apartment was being used as a second dwelling unit. I immediately told the co-owner that the tenancy should cease. This whole matter is directed at me and I don't know why but it is.'' Ms Kenny said that if Mr. Peniston was having difficulties with the Department of Planning why did he keep sending letters.

He said: "That property represented a number of headaches, I was willing to let it go.'' The case is expected to continue today.