Furious locals have branded their council ‘buffoons’ after a man was ordered to tear down an 8m fence around his garden.
Residents of Derby’s Limes Avenue had thanked their lucky stars when Matt Hubbard and his family moved into the Grade II listed cottage two years ago.
For decades, the garden at the side of the 19th-century Grade II-listed property had become a wasteland of light-blocking trees, bushes straying into the path and rubbish dumped on it by the neighboring Tesco superstore.
Mr Hubbard spent thousands of pounds clearing the garden and erecting a standard, eight-foot-high fence to give his family privacy and stop littering.
But he had not asked City Council planners for permission and when they heard what he had done, they ordered him to take it all down, sparking outrage from his neighbours.
Residents of Derby’s Limes Avenue had thanked their lucky stars when Matt Hubbard and his family moved into the Grade II listed cottage two years ago.
Mr Hubbard spent thousands of pounds clearing the garden and erecting a standard 8ft high fence to give his family privacy and stop littering.
He had not asked City Council planners for permission and when they heard what he had done, they ordered him to take it all down, causing outrage from his neighbours.
Helena Warner, 72, who lives across the road, said: “If the council thought what was before was acceptable and this wasn’t, then they need their heads tested.
“There was no light because of all the trees, and I didn’t even know the villa had a separate annex because it was all buried in grain.”
And retired soldier Kev Creasy, 68, added: “It’s absolutely ridiculous. We have so many problems for the Council to solve on this road. Just look at the pavement with holes in it.
“Then there’s the parking issues they can solve with some yellow lines, there’s drug dealing and they pick a couple who’s got things figured out.
“I think they’re all kind to be honest.”
The charming cottage was once part of the old village of Mickleover, which dates back to Doomsday.
But the urban sprawl means it is now bordered by two low-rise blocks of flats on one side with a Tesco superstore at the back.
It was listed in 1977 when a Council development saw the flats built alongside dozens of maisonettes.
Listed status means that landlords are required to seek permission before making any changes to their properties.
Helena Warner, 72, who lives across the road, said: “If the council thought what was before was acceptable and this wasn’t, then they should get their heads tested.”
The charming cottage was once part of the old village of Mickleover, which dates back to Doomsday.
When an unidentified complainant alerted Council planners, Mr. Hubbard applied for retrospective planning permission. This was refused and the appeal dismissed
Retired soldier Kev Creasy, 68, added: “It’s absolutely ridiculous. We have so many problems for the Council to solve on this road. Just look at the pavement with holes in it’
Hubbard said he knew this applied to the property itself, but was unaware it included a fence that was not attached to the building.
“The garden was in such a state when we moved in two years ago,” he said, “that cleaning it up and making it livable was a priority.
“That fence had collapsed and was low so items were thrown in by those leaving the big Tesco.
“We found a stolen backpack and a stolen purse when we cleaned it and handed them both over to the police.
“I knew listed status meant getting permission for any alterations to the property, so we left at the original side gate. I didn’t know that applied to a fence.’
When an unidentified complainant alerted Council planners, Mr. Hubbard applied for retrospective planning permission. This was refused and the appeal dismissed.
In their justification, planners said the fence was ‘too tall and heavy’ and ‘out of character’ with the street scene.
Julie Woodhouse, 57, who runs a block of flats at the far end of the Avenue, said: ‘I don’t know what street scene they were looking at. They allowed Tesco a great big blue sign overlooking their garden and did nothing when it was an eyesore.
“It was so messy I didn’t know they had a path. This couple has done a fabulous job.
“The council should check. There are such bad potholes on the road to the Home that it is not safe for our elderly residents to walk up and down.
“And because they’ve failed to put double yellow lines, it’s sometimes impossible for emergency vehicles to get through and get down to us. Their priorities are all wrong.’
Many residents pointed out that the Council gave permission for a large bar and restaurant to open last year at the top of the Avenue, which has just six car parking spaces.
With a gym also nearby, the road gets very busy and only a small section has double yellow lines.
Many residents pointed to the Council giving permission for a large bar and restaurant to open last year at the top of the Avenue, which has just six car parking spaces.
A historic photograph of the cottage garden, which was completely obscured by trees before the current owner moved in
A pothole in the pavement in front of the cottage, which residents claim the council should prioritize
Brian Bourne, 77, added: “I’ve been here for 24 years and the trees in that garden had grown to 30ft. It was covered in ivy at one stage. He has made that country 100 percent better.
“It was used as a fly tip because the fence was so low you could jump over anything and the Council did nothing about it.
Now he comes, puts up a good fence and wants it removed. It’s madness. They put up window boxes and the Council told him he had to take them down too.’
A 70-year-old man who looks after the planters around the small residents’ car park said: ‘They’ve made the garden beautiful and the fence couldn’t be lower because the property is on a slope and they wouldn’t have any privacy from those leaving Tesco.’
Visitor Chris Orme added: “It’s just ridiculous. There are some embarrassing gardens in Derby and they choose a smart fence?’
And Lynn Clough, 58, said: “We’ve got a huge hole in our pavement which is a personal injury claim waiting to happen. They came out and ‘sorted it’ two weeks ago and the hole is now back. ‘
Property owner Mr Hubbard has been in negotiations with the Council over what should happen next and said he was very close to an agreement.
“We will have to make some changes to the fence at the front of the property but not the fence at the back near Tesco.
“They say the property needs to be seen more clearly from the street, so they want some of the panels removed at the front.
“The council have also said they will put in double yellow lines because there are times when it is impossible for us to get out due to parked cars and the angle required to turn.”
A spokesman for Derby City Council said: ‘The landowner’s appeal against our refusal of retrospective planning permission was rejected last month. The Planning Inspector noted that rigid fencing along part of the front boundary is detrimental to the character and appearance of the area and the setting and significance of Fennel Cottage, a Grade II listed building.
“Our aim is to remove the fence by agreement with the landowner, but we have the power to take formal enforcement action if a voluntary settlement is not reached. No fine has been imposed.’
Leave a Reply