A man who installed CCTV cameras with microphones looking on to his neighbours' gardens has been told to stop by the courts.
Kevin Grogan - who also locked off their ginnel for his own personal use - has been in court several times to answer for what he has done.
The 67-year-old has repeatedly appealed each legal order that told him to remove the cameras and reopen the public ginnel.
Mr Grogan, from Rochdale, has now lost an appeal against the decision of his appeal, according to GMP's Rochdale policing team.
This means he must now make changes to the ginnel and cameras, reports the MEN.
When the MEN tried to speak with his neighbours, many declined the opportunity to give their account of the confrontation, which has been ongoing for multiple years>
They said they just wanted the "nightmare" to be over.
But some neighbours, whose identity won't be revealed to protect their privacy, spoke of their frustrations and the long-running background to some of the complaints made to GMP.
One pointed out the barbed wire attached to one of the poles in Grogan's garden, which was still present during the MEN's visit, and said they felt like they were under surveillance at all times, an experience which felt "intimidating" at times.
Another said they were tired of seeing the "junkyard", saying an "old banger" had not long been removed from the old ginnel which has been blocked off by Grogan, and lamenting the loss of the public space.
According to GMP's Rochdale policing team, officers were first made aware of the "intrusive" CCTV system in early 2021.
The cameras were mounted on barbed wire-covered pole looking out over nearby properties and roads with night vision audio recording and audio-enabled cameras with speakers.
After an increase in reports of crime and disorder in the area, officers gave Grogan a Community Protection Order (CPO) in March 2021, telling him to remove the CCTV system and return the ginnel to its original state.
He appealed this order, and at a hearing at Manchester City Magistrates Court on May 13, District Judge Begley modified the order.
However, Grogan was unhappy with this outcome, and appealed once more - although this time the appeal was thrown out of court by His Honour Judge Craig Sephton QC, sitting at Manchester Civil Justice Centre on August 23, after he deemed the application was "wholly unarguable".
A post on the GMP Rochdale Facebook page about the series of events on Friday read: "In 2021 Police received complaints of an intrusive CCTV system at an address on Queensway, Rochdale which covered neighbouring properties and the roads around.
"The camera system had been used to enforce a land grab of common land used by a number of properties.
"The cameras consisted of ‘gimbal’ cameras, cameras mounted on barbed wire covered poles and night vision audio recoding and also audio enable cameras with speakers covering neighbouring properties and the public road.
"Owing to an increase in reports of crime and disorder in the area, Kevin Grogan was served with an order by Police in March 2021 to remove the intrusive CCTV system and return the common ground to its previous state.
"Mr Grogan chose to appeal the order and this was heard at Manchester City Magistrates Court on May 13, 2022.
"District Judge Begley heard the matter and ordered that the Community Protection Order issued on 16.03.21 be modified.
"Mr Grogan chose to appeal the result of the appeal. This application was heard on August 23, 2022, by HHJ Sephton QC at the Manchester Civil Justice Centre who deemed that the application to appeal the appeal was without merit.
"Accordingly the Order of HHJ Begley stands and Mr Grogan must comply with the ruling thereof."
The modified CPO states that Grogan must adhere to these terms:
- Ensure any gate/fencing at the ginnel is unlocked at all times and capable of opening without obstruction to allow right of passage/access to neighbours entitled to use that area
- All cameras only capture images within the boundary of his house and to ensure they are not tall enough to see into his neighbour's properties or public areas.
- Make audio recording facilities on cameras activated only when there's a trespasser on the land attached to his property.
- Make the barbed wire on the camera poles only visible to Grogan and those lawfully on his property
- Within three months (although this period may be extended with a written application) prove his legal entitlement to the ginnel or remove the gate and fence around the land and any debris placed on that land
