A hoarder who battled against the council to maintain his right to store rubbish on his land has won his fight.

Richard Wallace, 59, of numbers 4 and 8 Furlong Road, won an appeal at Guildford Crown Court on Monday against Mole Valley District Council's demand that his property be cleared of piles of rubbish surrounding his house.

The rubbish includes food waste containers, cars, newspapers and building materials.

After looking at numerous photographs of the property Recorder Christopher Purchas QC said: "We have seen photographs from Mr Wallace which show that someone driving through the village would just see shrubs and wouldn't see much rubbish.

"We have come to the conclusion that the local authority weren't justified.

"The evidence does not go far enough to show Mr Wallace in his use of his property interfered with the amenity of other people who live in the locality, and we have come to the conclusion that this order should be dismissed and the appeal allowed."

The council served the notice under Section 215 of the Town and Country Planning Act earlier last year.

Chris Harris, acting for the authority argued in court that the piles of rubbish did affect fellow residents amenities through sight, he also expressed concerns about vermin being attracted to the site, which lies within a conservation area and an Area of Outstanding Natural Beauty.

Robert Primrose, senior planning enforcement officer with the council, said: "I arrived in June 2003 at Mole Valley and we visited the site in Westcott since that time, it became apparent that it is in a state of disrepair.

"The front gardens were overgrown and full of rubbish.

"I have visited it several times over the last eight years. It has been like this for a number of years and Mr Wallace is still taking material into the property and there has been not improvement since we served the notice.

"I have had a number of complaints from the parish council of Westcott, who have received complaints from the residents of Westcott. People don't want to identify themselves so they make the complaints to the parish council."

Mr Wallace, who cited the Human Rights Act during the trial, said afterwards: "I am walking on air. I gave it my all and it has been quite an exhilarating process.

"I'm pleased with the judge's decision.

"If anyone finds themself in a similar position to me I recommend that they do the same as me and fight.

"I do still plan to tidy and organise the rubbish also to look into rebuilding the wall or building a fence."

Mr Wallace was awarded £250 costs from Mole Valley District Council.

Councillor Chris Hunt, portfolio holder for strategic planning, for Mole Valley District Council said: "Naturally we are disappointed with this outcome.

"The council will reflect on the court's decision including whether there is any other action that can be taken.

"This will need to be considered in the light of the need to balance protecting the local environment with careful use of council tax payers' money."