I’m being forced to cut my fence in HALF by the council despite needing it for security…I think it’s a vindictive move
AN OAP says he’s been forced by the council to cut his fence in half and has slammed it as a “vindictive” move.
James Barry, 67, built the fence at his Wigston, Leicestershire home for security after moving to the area in 2021.
He made sure it was six feet high as he said his house felt exposed at the front and he didn’t want passersby looking in.
But it turned out James had illegally built the fence – and the council quickly got in touch.
In 2022, weeks after he built the fence, the OAP said he got a letter telling him he had to apply for retrospective planning permission.
He applied for it, and forked out the £250 fee, only to be told the fence was too high.
Oadby and Wigston Borough Council told James he’d have to shorten the fence from six feet to one metre.
The 67-year-old then tried to appeal the decision, which was denied.
He has now slammed the council for its “zero tolerance policy” – which he says “could appear to be vindictive or even bordering on a vendetta”.
Then, last year, he hung some plastic ivy which “to try and regain some element of privacy”, which the council has now removed.
James told LeicestershireLive: “Over the last three years I feel as though I have been badgered by the council and my life has been made a misery. It has been a constant worry and I have had to endure many sleepless nights.
“The strain and stress caused by the inability of the council to waiver from their ‘zero tolerance’ policy has been devastating. I am a senior citizen who just wants to be left in peace and quiet.
“I want to feel secure and safe, there have been too many burglaries in the neighbourhood and there is no police presence whatsoever.
“I have limited income and I have had to pay for retrospective planning permission which was a waste of time, a professional to come and reduce the height of the fence and, finally, the cost of several packs of ivy netting.
“The cost has run to hundreds of pounds, money I can ill afford to waste. Everyone I know has sympathy with my position and are amazed at the stance of the council as no one has complained.
“Some people’s opinion may even suggest that this could appear to be vindictive or even bordering on a vendetta as an explanation to the council’s stance.”
Adrian Thorpe, Head of the Built Environment at Oadby & Wigston Borough Council, said: “This planning application was rejected by the borough council and then the Planning Inspectorate on appeal.
“This was due to the height, length and prominent location of the fencing adjacent to the road, which mean it is out of character for the area and can be visually unappealing for everyone else that lives and works there.
“Natural planting or growth is very different and doesn’t have the same restrictions as a fence or a wall.
“It’s important we have planning policies in place that protect the appearance and character of our green borough.”
Appeal a planning decision:
According to Gov.uk your local planning authority (LPA) makes decisions on planning applications.
You can appeal a planning decision if any of the following apply:
- you were refused planning permission for reasons that you think go against the LPA’s development plan or planning policy (you can usually find these on their website)
- you were granted planning permission with conditions you object to – you’ll need to explain why you think they’re unnecessary, unenforceable, vague, unreasonable or irrelevant
- the LPA has not given you a decision on your application and 8 weeks have passed since the date they told you they’d received it (or a different deadline you agreed with them has passed)
For major projects, you can only appeal if 13 weeks have passed. Examples of a major project include a development with 10 or more dwellings, or a building with floor space of more than 1,000 square metres.
Use the appeal a householder planning decision service if you want to appeal a refused application for a smaller project, like an extension, conservatory or loft conversion.
You can also appeal a listed building consent decision.
Who can appeal
You can appeal a decision for an application you made yourself, or appeal on behalf of someone else. You’ll be asked to provide the planning application number and decision date.
You can also comment on an appeal.
Applying for costs
You can apply for an ‘award of costs’ if you believe the LPA has cost you money by behaving unreasonably. For example if you think their behaviour has caused you to miss a deadline.
The LPA can also apply to get costs from you.