- Matt Hubbard and his family moved to Limes Avenue in Derby two years ago
- They spent thousands on an 8-foot fence for privacy and to prevent trash from being thrown.
Furious local residents have criticized their council as ‘pranksters’ after a man was ordered to tear down an 8ft fence around his garden.
Residents of Limes Avenue in Derby were delighted when Matt Hubbard and his family moved into this Grade II listed cottage two years ago.
For decades, the garden to the side of the 19th-century listed building had become a wilderness, with trees blocking the light, bushes straying into the road and rubbish thrown into it by the neighbouring Tesco superstore.
Mr. Hubbard has spent thousands of pounds clearing the garden and installing a standard eight-foot fence to give his family some privacy and reduce litter.
However, he had not asked permission from the city planners. When they heard what he had done, they ordered him to remove everything. This angered his neighbors.
Helena Warner, 72, who lives across the road, said: ‘If the council thought what was there before was acceptable and this isn’t the case, then they need to examine their heads.
‘There was no light through all those trees. I didn’t even know the cottage had a separate outbuilding because it was all under the bushes.’
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And retired soldier Kev Creasy, 68, added: ‘It’s absolutely ridiculous. There are so many problems that the Council needs to solve on this street. You just have to look at the sidewalk that has holes in it.
‘Then there are the parking problems that they can solve with a few yellow lines, there is drug dealing and they pick up a couple who have cleaned up the place.
“I honestly think they’re complete idiots.”
The charming cottage was once part of the ancient village of Mickleover, which dates back to the Doomsday Book.
But due to urbanization the area is now bordered by two low-rise apartment buildings on one side and a Tesco supermarket on the other.
It was listed in 1977 when a Council project saw the apartments built along with dozens of maisonettes.
The monument status means that owners must ask permission before making changes to their property.
Mr Hubbard said he knew this applied to the property itself, but was not aware that there was fencing within it 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 habitable was a priority.
‘The fence had collapsed and was low, so stuff was being thrown in from those leaving the big Tesco.
‘While cleaning up, we found a stolen backpack and a stolen handbag and handed them both in to the police.
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‘I knew the listed status meant we had to get permission for any changes to the property, so we left through the original side gate. I didn’t know this applied to a fence.’
When an unknown complainant alerted Council planners, Mr Hubbard applied for retrospective planning permission. This was refused and an appeal was dismissed.
In their reasoning, the planners said the fence was “excessively high and bulky” and “out of keeping with the streetscape.”
Julie Woodhouse, 57, who manages a residential property at the end of the Avenue, said: ‘I don’t know what streetscape they were looking at. They had Tesco put up a big blue sign overlooking their garden and they did nothing when it was an eyesore.
“It was so unkempt, I didn’t know they had a driveway. This couple did a fantastic job.
‘The Council must intervene. There are such large holes in the road to the Home that it is not safe for our elderly residents to walk up and down.
‘And because they have failed to apply double yellow lines, it is sometimes impossible for emergency services to pass and get to us. Their priorities are all wrong.”
Many residents pointed out that the council had last year approved the opening of a large bar and restaurant at the top of the Avenue, which has only six parking spaces.
Because there is also a gym nearby, the road becomes very busy and only a small section has double yellow lines.
Brian Bourne, 77, added: ‘I’ve been here for 24 years and the trees in that garden had grown to 30ft high. At one point it was covered in ivy. He’s made that place 100 per cent better.
‘It was used for tipping because the fence was so low you could just throw something over it and the Council did nothing about it.
“Now he comes along, puts up a proper fence and they want it torn down. It’s crazy. They put flower boxes in there and the council told him to take those down too.”
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A 70-year-old man who looks after the planters around the small residents’ car park said: ‘They have made the garden beautiful and the fence couldn’t be lower as the plot is on a slope and they would have no privacy from people buying Tesco to leave.’
Visitor Chris Orme added: ‘It’s just ridiculous. There are some disgraceful back gardens in Derby and they’re taking a clever fence?’
And Lynn Clough, 58, said: ‘We have a large hole in our pavement which is putting a personal injury claim on hold. They came by two weeks ago and ‘fixed it’ and the hole is back.”
The owner of the property, Mr Hubbard, is negotiating with the council about what to do next and says he is close to reaching an agreement.
‘We will need to make some changes to the fencing at the front of the property, but not to the fencing at the back, next to Tesco.
‘They say the property needs to be more visible from the street and that is why they want a number of panels at the front to be removed.
‘The Council has also said that they will put double yellow lines because there are times when it is impossible for us to drive out because of parked cars and the necessary angle to turn.’
A spokesman for Derby City Council said: ‘The landowner’s appeal against our refusal of retrospective planning permission was dismissed last month. The planning inspector noted that a solid fence along part of the front boundary would be 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 in consultation with the landowner, but we have the power to take formal enforcement action if a voluntary resolution is not reached. No fines have been issued.’