Simon Barker with the replacement fence dubbed “ugly” by councillors. His home is in the background.

Councillors ‘draconian’ to order restoration work on fence extension without planning permission

Planning councillors stand accused of being “draconian” after getting tough over work done without permission.

Homeowner Simon Barker has been ordered to reinstate the line of a replacement boundary fence which he extended to enclose a 9m x 2m piece of his land that had attracted animal fouling and litter.
And Zagros Abdullah has been told to restore a window and wall he removed at The Station Gates, a former pub in Winsover Road, Spalding.

Retrospective planning applications for both projects were recommended for approval, only for councillors to go against their officers’ opinion and refuse permission.

How the streetscene used to look with the old fence. Photo: Google Earth

How the streetscene used to look with the old fence. Photo: Google Earth

In Mr Barker’s case, it has led to an accusation of South Holland’s planning committee members being too harsh just because the work was done without consent.

Nigel Hancocks, owner of a neighbouring property in Spalding’s Magellan Way, said: “I find their attitude a little bit draconian.
“When you consider that they have been quite happy to grant planning permission for Broad Street Methodist Church to replace wooden doors with glass ones so unbecoming of a listed building.
“This isn’t even a listed building. I think the council is being a little bit difficult because planning permission wasn’t applied for.”

He added: “The new fence is nice and neat and tidy – more pleasing to the eye than what was there before.”

Mr Barker has reluctantly accepted that his year-long battle over the £1,000 fence is lost.
Officers supported his plan, saying: “Although regrettable that the fence has been altered, it does not impact on the character and appearance of the area to the extent that a refusal would be justified.”

Councillors disagreed and refused permission, a decision upheld by a planning inspector, who said: “The complete enclosure of the area significantly detracts from the pleasant open plan character of this part of the estate.”

Unauthorised work at former Spalding pub The Station Gates last August. Councillors said it caused “unacceptable harm to the character of a prominent, traditional building”.

Unauthorised work at former Spalding pub The Station Gates last August. Councillors said it caused “unacceptable harm to the character of a prominent, traditional building”.

Meanwhile, Mr Abdullah made unauthorised alterations in August before opening International Food.

The council said: “An enforcement notice was issued on 3rd November in relation to the window/door at The Station Gates. The notice takes effect on 2nd December 2015 with two calendar months for compliance.”

Mr Abdullah lodged an appeal against the refusal decision on November 10.

One comment

  1. It does seem some what strange that our local planning committee should make it difficult for a householder to erect a fence around their own land.

    If all of the neighbours are content with it, which is not clear from your report then I cannot see what the issue is. A fence is not a permanent structure like a brick wall might be considered to be.

    With reference to the alteration at the Station Gates, it is unfortunate that the alteration to a building that has been part of the street scene for many years was made. Hopefully lessons will be learned that will lead to better communication of our planning rules to any property owner.

    Given that this building no longer seems to be viable as a public house, finding a use for the building has to be more important than a seemingly cosmetic change. Having our buildings occupied & maintained has to be better than having them empty & neglected surely?

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