Fuming pensioner slams family who built 6ft fence without permission after they win bid to keep it

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A fuming pensioner has hit out after his neighbour built a 1.8m high fence near his home despite over 50 complaints from other neighbours.

Fred Tucker, 84, complained to Rhondda Cynon Taf County Borough Council in 2023 after the family who lived opposite him built a high fence around a grassy area next to his house so their child could play safely.

The family has never owned the land that is now inside the boundary fence but claims they have leased it from the council since January 2017. While they claim they had permission to use the land, they had no formal planning permission for a garden area or to erect the fence when they did so last year, reports Wales Online.

After they began building the fence, Fred approached them and asked if they’d received planning permission for the fence and permission to begin using the land as a garden area. No formal planning permission had been given, although the family maintain they had previously received verbal agreement to use the area for gardening purposes and they claim they'd been incorrectly informed by someone working for the council that they didn't need planning permission for the fence. Fred then said he’d complain to the council in order to have the fence taken down or reduced to a metre in height.

The family was told they would have to apply retrospectively and has unusually won the case to keep the fence as it is. They have also won approval for a change of use to use the area as a second garden.

But fuming neighbour Fred said the planning result has left him baffled. He added that he had sent the council a document signed by 54 neighbours who objected to the plans, but Fred said his efforts “made no difference."

He explained: “54 people complained about the fence and yet nothing has been done. The land is not their land. The land belongs to the council. I used to use the area to turn around my caravan. Now I have to have my caravan in storage because I can't drive it up here with that fence up.

"You can't see cars coming down the hill around the corner. It also completely blocks my view from my drive and my window. I used to watch for the bus at the top of the street and I'd wave at the driver and he'd wait for me. I can't do that anymore.

"We had a meeting and during the planning meeting I was speaking and I got cut off. Then all I heard as: 'Accepted, accepted, accepted.' To me it's wrong. I've had a nice view of the hills for 40 years. Now I look at that fence."

In the council's planning report the highways officer noted: "There is slight concern that the proposed close-boarded fence will restrict forward vision of vehicles travelling between the turning area of Park Road and Greenfield Terrace which is a single width carriageway. However, taking into consideration slow vehicles speeds and that Manual for Streets states obstructions to forward visibility can help reduce speed of oncoming vehicles which is in the interests of highway and pedestrian safety. The proposed is not envisaged to have any significant impact on highway or pedestrian safety and therefore is considered acceptable."

The family who erected the fence said: "What the planning report won’t tell you is that we asked the council as to whether we could enclose the land without the need for planning permission. We were told in writing that consent wasn’t needed and so we proceeded to erect good quality fencing to enclose the land to become a play area for our young daughter.

"Mr Tucker then kicked up a fuss with the council that the land didn’t have planning consent. We then had a meeting with planning enforcement and he informed us very apologetically we did actually need planning consent which we attended to immediately. The process took a long time and that was when Mr Tucker put up signs to attempt to intimidate us.

"My husband suffered a brain injury five years ago and this land has been a godsend in his recovery. We have done everything in the proper manner to occupy and use the land. Due to the objections made, it was taken to a panel where they addressed all Mr Tucker's concerns and voted unanimously in our favour. They felt it was a straight forward case as the fence was in keeping with the environment and highway were happy that it was safe." The family added that Greenfield Terrace cannot be considered a "proper road" as few residents use the road.

A spokesperson for the council said: “The council can confirm it is the owner of the land in question and has leased it for use as a private garden curtilage. In January 2024 the planning and development committee considered an application to change the use of land to a garden curtilage, which included installing a 1.8m fence.

“Officers recommended the application for approval as the proposal was typical of such residential areas, was considered acceptable in visual terms, and was deemed to have no adverse impact upon pedestrian and highway safety. A number of objections were made against the application including by a local resident who spoke in the planning meeting. Having considered all relevant material planning considerations, members of the planning and development committee resolved to approve the application.”

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