Neighbours’ fury after flat-owner erects ‘SHEEP PEN’ style fence to create a ‘private garden’

Neighbours’ fury after flat-owner erects ‘SHEEP PEN’ style fence to create a ‘private garden’ in building’s shared outdoor space

Residents in Cheltenham, Gloucs, were left fuming after resident created a ‘private garden’ in a shared spaceArea was fenced off by resident Sarah Daly, despite the objections of residents in four flats using the gardenDespite their objections, the council has approved Ms Daly’s plans through ‘certificate of lawful proposed use’But residents in the flats say the situation has been ‘very difficult and very upsetting’ and making people ‘low’

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Furious residents in a flat block have hit out after a neighbour carved out her own ‘private garden’ in their shared outdoor space.

The residents in Cheltenham, Gloucestershire, were left fuming after a neighbour erected 6ft high fences to create her own space in the shared garden – despite their objections. 

So hated is the fenced-off spot, that it has even been mockingly nicknamed the ‘sheep pen’ by angry neighbours in the Victorian flat complex.

But amazingly, despite being a shared space between the four flats owners, the private area has been given the green light by the local council.

Neighbours say the resident did not have to get planning permission and instead just needed a ‘certificate of lawful proposed use’, which was recently granted by Cheltenham Borough Council. 

But the decision has infuriated neighbours. One, Alice Reeves, 46, said the situation has been ‘very upsetting’ for fellow residents.

She also said the communal bin store was also being moved as a result of the changes, making it harder for residents to access. 

Alice, who suffers from Lyme Disease and also cares for her elderly mother, said: ‘It is a shared garden that has always worked over the years until now.

‘It is a very open space and one that has been enjoyed by all residents. It is just a very difficult situation and is very upsetting and is making people very low.

The residents in Cheltenham, Gloucestershire, were left fuming after a neighbour installed 6ft high fences to create her own space in the shared garden

So-hated is the fenced-off spot, that it has even been mockingly nicknamed the ‘sheep pen’ by angry neighbours in the Victorian flat complex

One resident Alice Reeves, 46, said the situation has been ‘very upsetting’ for fellow residents. She also said the communal bin store was also being moved, making it harder for residents to access

Amazingly, despite being a shared space between the four flats owners the private area has been given the green light by the local council. Pictured: The block of flats in Cheltenham, Gloucestershire

So what is a Certificate of Lawfulness? 

In the UK, under planning laws, most changes to a property require planning permission.

But there are some things you can do to your property without needing council sign off.

For example, in most cases, property owners do not need planning permission to install sheds, because these are covered by ‘permitted development rights’.

In these cases, the main requirement is that the outbuilding must be erected for a ‘purpose incidental to the enjoyment of the dwelling house’. 

That means building for residential uses like self-contained accommodation, bedrooms, bathrooms, or kitchens is not allowed without planning permission. So a storage shed is usually fine. 

A Certificate of Lawfulness for a Proposed Use or Development Form, meanwhile, allows you to obtain a decision from the planning authority that a proposed use or works do not require planning permission. 

If the local planning authority is satisfied that the appropriate legal tests have been met, it will grant a lawful development certificate.  

An application for such a Certificate is sometimes appropriate in cases involving proposed intensification of a piece of land of use or where the precise nature of the existing use is difficult to describe because there is more than one use.

Source: Gov.uk 

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‘I have lived here on and off for 35 years with my mother and never had problems like this. All the previous residents we have got on well with.

The ‘sheep pen’ is the brainchild of flat owner Sarah Daly, who moved into the flat complex five years ago. 

‘She moved in just five years ago but she has just dismissed our concerns. She said it was her right and she can do what she wants. There is nothing we can do.

‘But we can raise awareness and try and push for a change in the law.’

Ms Reeves said her neighbour did not have to get planning permission and instead just needed a ‘certificate of lawful proposed use’, which was recently granted by Cheltenham Borough Council.

Ms Daly has now also applied for planning permission to build a shed there, which the residents have also objected to on the grounds the bin store would be moved further away.

Alice added: ‘To put something like that in is horrendous. We just want to try and protect a conservation area. 

‘Building fences in front of people’s windows is not very neighbourly at all.

‘I really feel for my neighbours. I am on an upper level but there is a retired couple downstairs. 

‘It is totally unfair on them and all of us.

‘She does not think about anybody but herself. It’s a depressing eyesore, she’s created a sheep pen.’

In planning documents, all residents of the flat registered objections, but council officers said these could not be taken into account as the work did not need planning permission.

The owner of flat one, wrote: ‘The proposed style of fence in a conservation area adjacent to the Pump Rooms and Park is not conducive to a fine Victorian building Goldington House.

‘The fence as proposed will take natural light away from the flats and in the case of flat 1 the kitchen our most used room.’

Another neighbour added: ‘The proposed fence would be an absolute eyesore. Goldington House sits directly alongside Pittville Park, it is recorded historically as a key building in the conservation area surrounding the Pump Room. 

Alice (pictured) added: ‘To put something like that in is horrendous. We just want to try and protect a conservation area. Building fences in front of people’s windows is not very neighbourly at all.’

In planning documents, all residents of the flat registered objections, but council officers said these could not be taken into account as the work did not need planning permission. Pictured: Alice in front of the fenced-off area

Alice, speaking about the ‘private’ garden (pictured), said: ‘She does not think about anybody but herself. It’s a depressing eyesore, she’s created a sheep pen.’

One flat owner wrote in their objection to the application: ‘The proposed style of fence in a conservation area adjacent to the Pump Rooms and Park is not conducive to a fine Victorian building Goldington House. ‘The fence as proposed will take natural light away from the flats and in the case of flat 1 the kitchen our most used room.’

‘Such a fence detracts from the open gardens layout encouraged to be in character with a Victorian house.

‘Current and past residents have always respected this layout. Despite requests to the applicant to adjust the fencing to a more sympathetic design – the solid, high, wooden fence has gone ahead.’

Another neighbour added: ‘The property is in a conversation area adjacent to Pittville Park, and a matter of yards from the glorious Georgian pump room.

‘The public path through the park passes the bottom of our garden. The path offers a view of the magnificent Victorian property which is our home. 

‘Goldington House is listed by the council as a property of interest – a fine example of a Victorian villa.

‘We are staggered that Miss Daly can go ahead with her project.’ 

Planning official Ben Warren said the build was allowed to go ahead without planning permission.

He added: ‘The property is not listed, but is noted as a building of local importance and is located within Cheltenham’s Central Conservation Area.

‘The applicant is seeking confirmation that the erection of a 1.8 metre high timber fence within the rear garden area of the site falls within permitted development and does not require the benefit of planning permission.’

Ms Reeves said her neighbour did not have to get planning permission and instead just needed a ‘certificate of lawful proposed use’, which was recently granted by Cheltenham Borough Council

Another neighbour added: ‘The property is in a conversation area adjacent to Pittville Park, and a matter of yards from the glorious Georgian pump room. The public path through the park passes the bottom of our garden. The path offers a view of the magnificent Victorian property which is our home. Goldington House is listed by the council as a property of interest – a fine example of a Victorian villa.

Planning official Ben Warren said the build was allowed to go ahead without planning permission. He added: ‘The property is not listed, but is noted as a building of local importance and is located within Cheltenham’s Central Conservation Area. ‘The applicant is seeking confirmation that the erection of a 1.8 metre high timber fence within the rear garden area of the site falls within permitted development and does not require the benefit of planning permission.’

Ms Daly said in her application she had just wanted to create a ‘secure and private garden’ at the property (pictured). She added: ‘This involves no change of boundary and no change of access and is simply the formalisation of the garden as per Land Registry plans. ‘The garden is to remain a garden. The fence will be erected to create a private and secure space within the demise of 3 Goldington House. This area is well within the curtilage of the main garden.’

He said the application process did not require consultation with neighbouring land users, however comments can still be made.

He added: ‘In this instance, representations and objections from the other three residents within the building have been received. The objections and concerns relate to design, visual impact, impact on the conservation area and the setting of the listed Pump Rooms, and access.

‘Whilst officers duly note and acknowledge the comments and concerns raised by local residents, the application process for a certificate of lawful proposed development only allows the local planning authority to determine whether the development accords with the permitted development regulations.’

Ms Daly said in her application she had just wanted to create a ‘secure and private garden’.

She added: ‘This involves no change of boundary and no change of access and is simply the formalisation of the garden as per Land Registry plans.

‘The garden is to remain a garden. The fence will be erected to create a private and secure space within the demise of 3 Goldington House. This area is well within the curtilage of the main garden.’

Gloucester Live, who first reported on the row, contacted Ms Daly for a comment but did not receive a response. 

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