Pensioner told to reduce size of fence says ‘zero tolerance planning policy’ seems ‘vindictive’

A Wigston resident who was told to reduce the size of his fence claimed the council’s “zero tolerance policy could appear vindictive or even border on a vendetta”.

James Barry said that after moving into his bungalow in February 2021, he decided to invest in a six-foot fence for safety and security reasons. He said he felt his house was exposed at the front of the property once he cleared the overhanging garden, which he said was left untouched before he moved.

In 2022, weeks after erecting the fence, Mr Barry told LeicestershireLive he received an application notice from Oadby and Wigston planning department saying he needed retroactive planning permission for it. After paying £250 for the application, he claims planning chiefs refused the application and said the fence should be reduced from six feet to one metre.

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A council spokesman said the application and subsequent appeal were rejected due to the fence’s height, length and prominent location, as it was not characteristic of the area and “visually unappealing”.

Mr Barry, 67, said he bought the bungalow in 2021 after he suffered problems during a routine hernia operation in which he developed sepsis and suffered other complications that left him in a coma for a time for three weeks. He decided to buy the property after he recovered as he had to learn to walk again and struggled with stairs.

According to Mr Barry, the front of the bungalow was very exposed and a large amount of rubbish was being dumped directly into the garden from the pavement. At that time, he built a six-foot fence after noticing that several hedges in the area were over ten feet tall.

A few weeks later, he said he received the application notice from Oadby and Wigston Planning Department saying he needed retroactive planning permission for the fence. He was refused permission, but he planted seven small trees in front of the fence, with the understanding that he could plant bushes, trees or shrubs to create an enclosed front garden.

Mr Barry appealed the refusal but it was refused. He said he then approached the planning authority to ask if they would reconsider their decision because he said the trees were growing well and he “wanted the opportunity to give them a bit more time to grow and spread”.

That request was also denied and the pensioner said he had the fence reduced to the required height in December 2023. Since that decision, he said he recently bought some plastic ivy that was hung “to try to regain an element of privacy”.

He said Oadby and Wigston District Council have now asked to remove the plastic ivy. A letter sent to Mr Barry from a planning officer and seen by LeicestershireLive, said: “I have been advised that the fence has been reduced as requested but has been replaced with a screen. This is not something that can be supported by the council and will also have to be removed.”

Mr Barry said: “Over the last three years I feel I have been beaten by the council and my life has been made a mess. It was a constant worry and I had to endure many sleepless nights.

“The tension and stress caused by the council’s inability to abandon their ‘zero tolerance’ policy has been devastating. I’m a senior citizen who just wants to be left in peace and quiet.

“I want to feel safe and secure, there have been too many break-ins in the neighborhood and there is no police presence. I’m on a limited income and had to pay retroactive building permission which was a waste of time, a professional to feel safe. come and reduce the height of the fence and finally the cost of several packages of ivy netting.

“The cost ran into hundreds of pounds, money I can’t afford to waste. Everyone I know is sympathetic to my position and is amazed at the council’s position as no one has complained.

“Some people’s view may even suggest that this might appear to be vindictive or even border on revenge as an explanation of the council’s position.”

Head of the Built Environment at Oadby & Wigston Borough Council, Adrian Thorpe, said: “This planning application was refused by the borough council and then by the Planning Inspectorate on appeal.

“This was due to the height, length and prominent location of the fence adjacent to the road, which means it is out of character for the area and may be visually unappealing to everyone else who lives and works there.

“Foraging or natural growth is very different and doesn’t have the same restrictions as a fence or a high wall.

“It is important that we have planning policies in place that protect the appearance and character of our green neighbourhood.”