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News and Comment September 2011

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23 September (Part 2) - Gardeners’ World

The not so derelict garden The not so derelict garden The not so derelict gardenYesterday afternoon I returned to the allegedly derelict garden to hear what Bexley council had to say about it. I arrived early enough to stand on the shed roof to see if I could see the complaining neighbour’s house from nearly six feet above the surface I had photographed the day before. It was totally obscured by trees.

I strolled around taking photographs thinking it was a fairy grotto rather than a traditional garden and began to like it. How anyone could consider it derelict beats me. While there I learned about the surveyor’s report which confirms that a fence has strayed towards the victim’s side just as I suspected on my first visit. I asked the owner how long ago it was his neighbour artificially raised the height of his garden by installing decking eighteen inches above the original surface. He replied “soon after he moved in three years ago”. So he bought the house in the full knowledge that the house next door had a non-traditional garden adorned with pots and old kettles for robins’ nests and now he doesn’t like it. Unbelievable.


The not so derelict garden View from the roof The council officials turned up on time. A John Waring from Bexley’s Environmental Health Department, a lady from the Housing Department who did nothing but take photographs and the council’s solicitor, Guy Atkins, who said very little. Mr. Waring did the talking. He took the line that the garden would not now be considered “derelict” as it was tidier than when he first saw it in April but he refused to accept that it was already much tidier when he saw it seven weeks ago and took the ‘derelict’ decision. Photographs show it was. He is now going to pursue his victims for “loss of local amenity”.

Presumably keen to find something wrong with the garden at all costs he plans to come back when the leaves have fallen from the trees which currently obscure the view from the complaining neighbour’s house. There is therefore a stay of execution but my view is that Bexley council is intent on taking some sort of action if they possibly can. Meanwhile the householders’ stress, aggravation and lawyer’s bills continue, with Bexley council said to be providing more of the stress than the complaining neighbour.

 

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