Fury as man who put up 8ft privacy fence outside cottage to stop Tesco shoppers dumping litter in his garden ordered to tear it down by ‘ridiculous’ council ‘buffoons’

• Matt Hubbard and his family moved to Derby’s Limes Avenue two years ago 
• They spent thousands on the 8ft fence for their privacy and to stop littering

Furious locals have slammed their council as ‘buffoons’ after a man was ordered to tear down an 8ft 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 to the side of the 19th century grade II listed property had become a wilderness with trees blocking out the light, bushes straying onto the road and litter tossed into it from the neighbouring Tesco superstore.

Mr Hubbard spent thousands of pounds clearing the garden and putting up a standard, eight-foot-high fence to give his family some privacy and stop the littering.

But he hadn’t asked City Council planners for permission and when they heard what he’d done, they ordered him to take it all down, prompting outrage from his neighbours.

Helena Warner, 72, who lives across the road, said: ‘If the Council thought what was there before was acceptable and this is not, then they need their heads testing.

‘There was no light because of all the trees, I didn’t even know the cottage had a separate annexe because it was all submerged in undergrowth.’

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And retired military man Kev Creasy, 68, added: ‘It is absolutely ridiculous. We have that many problems for the Council to sort out on this street. You only have to look at the pavement with holes in it.

‘Then there are the parking issues that they could sort with a couple of yellow lines, there’s drug dealing and they pick on a couple who’ve smartened things up.

‘I think they are complete buffoons to be honest.’

The charming cottage was once part of the old village of Mickleover which dates back to the Doomsday Book.

But urban sprawl means it is now bordered by two low-rise blocks of flats to one side with a Tesco superstore to the rear.

It was listed in 1977 when a Council development saw the flats built along with dozens of maisonettes.

Listed status means owners are obliged to ask for permission before making any alterations to their properties.

Mr Hubbard said he knew this applied to the property itself but was unaware that it included a fence which was not attached to the building.

‘The garden was such a state when we moved in two years ago,’ he said, ‘that clearing it and making it livable was a priority.

‘What fencing there was had collapsed and it was low so stuff was thrown in from those leaving the big Tesco.

‘We found a stolen rucksack and a stolen purse when we cleared it and handed both in to the police.

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‘I knew the listed status meant getting permission for any changes to the property so we left in the original side-gate. I didn’t know this applied to a fence.’

When one unidentified complainant alerted Council planners, Mr Hubbard applied for retrospective planning permission. This was refused and an appeal was rejected.

In their reasoning, the planners said the fence was, ‘excessively tall and bulky’ and ‘out of character’ with the street scene.

Julie Woodhouse, 57, who manages a Residential Home 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 that overlooks their garden and they did nothing when it was an eyesore.

‘It was so unkempt, I never knew they had a driveway. This couple have done a fabulous job.

‘The Council need to get a grip. There are potholes so bad on the road to the Home that it’s not safe for our elderly residents to walk up and down.

‘And because they have failed to put in double yellow lines, sometimes it is impossible for an emergency vehicles to pass and get down to us. Their priorities are all wrong.’

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 only six car parking spaces.

With a gym also nearby, the road gets very busy and only a small section has double yellow lines.

Brian Bourne, 77, added: ‘I’ve been here 24 years and the trees in that garden had grown to 30 foot. It was covered in ivy at one stage. He has made that place 100 per cent better.

‘It was used for fly-tipping because the fence was so low, you could just lob anything over and the Council did nothing about it.

‘Now he comes along, puts up a decent fence and they want it taken down. It’s crazy. They put in window boxes and the Council told him he had to take them down too.’

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A 70-year-old, who tends the planters around the small residents’ car park, said: ‘They have made the garden lovely and the fence couldn’t be any lower because the property is on a slope and they’d have no privacy from those leaving Tesco.’

Visitor Chris Orme added: ‘It’s just ridiculous. There are some disgraceful back gardens in Derby and they pick on a smart fence?’

And Lynn Clough, 58, said: ‘We have a big 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 back already.’

The 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 are going to have to make some alterations to the fencing at the front of the property but not the fencing to the back, next to 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 drive out because of parked cars and the angle required to turn.’

A spokesperson for Derby City Council said: ‘The landowner’s appeal against our refusal for retrospective planning permission was dismissed last month. The Planning Inspector noted that solid fencing along part of the front boundary is harmful 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 powers to take formal enforcement action if a voluntary solution isn’t reached. No fines have been issued.’