A man has lost his battle with the council and been ordered to lower the ‘hideous’ and ‘ugly’ eight-foot-high fence he built at his grade II listed home.
Matt Hubbard and his wife are devastated by the criticism, telling one neighbour: ‘It is so sad, we felt we had done everything right and by the book.’
The couple and their daughter moved into the charming cottage in Mickleover, Derbyshire, three-and-a-half years ago which they had bought for £330,000 after ‘falling in love with it.’
For decades, the garden to the side of the 19th century 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.
The pair had spent thousands of pounds cleaning up the garden and built the fence for privacy and to ward off fly-tippers.
But he hadn’t sought planning permission and when there were some complaints he was ordered to take it down.
The fence was described as ‘hideous’ and ‘ugly’ by planners, who said it was a ‘harsh and incongruous feature of the street scene.’
They said it was ‘excessively tall and bulky’ and ‘out of character.’
Online criticism suggested the householders had been ‘blind’ and ‘ignorant’ for breaching planning rules.
One stated: ‘When you purchase a Grade 2 listed property you should expect to have to jump through hoops with planning approvals.
‘You can’t go into something like this blind and ignorant. The point of this is that it should all be in keeping with the property.’
The owners were aware they needed planning consent for any changes to the property itself but did not know that it included a fence which was not attached to the building.
They tried to seek retrospective permission but this was refused, and later took it to appeal in 2023 whey they lost.
‘What it has done is make a mockery of our planning system with people building what they want then applying for retrospective planning permission and then holding out for the correct outcome you want.
‘There would have been no where near as much waste of council money if in the first place the correct channels were followed.’
Another wrote: ‘Perhaps if the owners had knuckled down and effectively managed the screen hedge that used to be on this boundary, rather than ripping it out, they could have had what was needed for privacy without all of the hassle that they complain about.’
After a long running dispute the owners and council have recently come to an amicable resolution, where Mr Hubbard must lower the fence in height by five panels – about two feet – and plant in front of it to fully screen it.
The fence was erected in November 2022 and they have been given until the next planting season in spring 2026 to make the changes.
However the council’s verdict has created a divide among neighbors, as many were grateful the fence had made the area much more presentable.
One local told the Daily Mail: ‘They are a lovely family and we’re all very grateful they’ve cleared the garden up. It had been left in a disgusting state and we all have to walk by it as a short cut up the steps to the Tesco supermarket behind. It was like a tip.
‘The couple had found condoms, underwear, drug paraphernalia and even a stolen bag.’
The woman, who declined to be named and has lived in the neighbourhood for 20 years, added: ‘We feel it is very unfair of the council to impose so many do’s and dont’s on them.
‘All they are trying to do is make the property a lovely home.
‘The couple cut down unruly trees and bushes which had been seeping sap and making the steps up to Tesco very slippery and dangerous, especially for the pensioners.
‘They put up a high fence to protect their privacy and stop people throwing over litter and junk.
‘They’ve done a great job, we all think, but now they’re being told to rip down the fence – or least a quarter of the height of it – which means they’ll be overlooked and maybe targeted by litter louts again.’
Fennel Cottage in Limes Avenue was once part of the old village of Mickleover which dates back to the Doomsday Book and because it is listed is subject to stricter planning rules and regulations.
But urban sprawl means it is now bordered by two low-rise blocks of flats to one side with a superstore to the rear.
Neighbour Elaine said: ‘We’re on their side and don’t think they should have to knock the fence down. It looks much better since they moved in.
‘A couple had lived there for years but the man died and the woman apparently moved out so the property was left empty, unloved and untended for some time.
‘Now the owners are trying too do the right thing. They know the council are not trying to be awkward and they don’t want to upset them.
‘But it has been a long tough fight and they have been extremely upset by the criticism from planners and some objectors.’
Anther resident said: ‘The house has been done up and tidied top and the whole area looks much cleaner and tidier and feels safer too.
‘They thought the fence was in keeping and felt it was ridiculous that they had to take it down but now just lower it.
‘They kept the original front gate and other features, but the council made them take down the hanging baskets nailed to the front wall and which were there when they moved in.
‘They were told that watering flowers could cause damage and erosion to the brickwork.
‘It’s a contradiction really because there’s BT wires along one side of the house and a Virgin box near the front door, already there, so how is that allowed?
‘They had to remove a Sky dish down which had been a bit of an eyesore.’
One local said that by being forced to lower the fence it was as if the family ‘was not entitled to any privacy.’
He added: ‘When lorries go into the Tesco car park I bet they can see right into their back garden and probably the top rooms, and it will be worse when the fence is two feet lower.
‘They’re proud of their historic cottage and want any changes to comply. They join in litter picks some others, and we all care for the area we live in.’
Retired military man Kev Creasy, 69, who lives opposite, said: ‘It is absolutely ridiculous what they’ve been through with the council but they’ve come to a solution now.’
Helena Warner, 73, who lives across the road, added: ‘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.’
Julie Woodhouse, who manages a residential home in the street, said: ‘I don’t know what street scene the council were looking at. They allowed Tesco a great big blue sign that overlooks their garden and they did nothing when it was an eyesore.
‘The 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.’
Mr Hubbard, previously speaking to the Daily Mail, said: ‘The garden was such a state when we moved and that clearing it and making it liveable was a priority.
‘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.’
Before coming to a resolution he said: ‘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.’
The couple said the necessary work would be carried out and that they had already started a planting scheme.
A spokesperson for Derby City Council said: ‘The landowner’s appeal against our refusal for retrospective planning permission was dismissed.
‘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.
‘It has now been decided and agreed for some hedging to be planted in front of the fence facing Limes Avenue to soften its appearance and to help it blend in with the street scene.’
