Council tells homeowner to tear down £12k wall because it's 20cm too tall

Bear Mason, 74, built the 4ft stone wall in Greenhead, Northumberland, this summer to replace his tatty and broken-down fence, which was 6ft tall.

Bear Mason, 74, beside the 4ft stone wall which Northumberland County Council are threatening to demolish unless it is lowered by 8 inches. (SWNS)
Bear Mason, 74, beside the 4ft stone wall which Northumberland County Council are threatening to demolish unless it is lowered by 8 inches. (SWNS)

A homeowner who spent £12,000 on a "beautiful" new garden wall has been ordered to demolish it after a council said it was 20cm too high.

Bear Mason, 74, built the 4ft stone wall to replace a dilapidated six foot fence bordering his garden. He built the wall lower than the original fence but too high for people to sit on in case they toppled over the steep drop onto his rockery below.

However, Northumberland County Council bosses said someone had complained about the 20m long sandstone wall and ordered it to be torn down.

Mason, who lives in the village of Greenhead, just a few miles from the famous Hadrian’s Wall, said he did not know he needed planning permission. The retired maths teacher and A-Level examiner said: "This summer we paid £12,000 for a beautiful new wall between our garden and the road. It is lower than the rickety fence it replaced.

"Northumberland County Council have told us that they are now going to bulldoze it unless we pay to have it lowered by eight inches. The wooden fence was 1.8 metres high and was falling to bits, and it was liable to collapse in high winds.

The original 6ft wooden fence around Bear Mason's property was falling apart so he replaced it with a  4ft sandstone wall this summer. (SWNS)
The original 6ft wooden fence around Bear Mason's property was falling apart so he replaced it with a 4ft sandstone wall this summer. (SWNS)
The 4ft stone wall during construction, seen beside the original 6ft wooden fence. (SWNS)
The 4ft stone wall during construction, seen beside the original 6ft wooden fence. (SWNS)

"We built the wall it to a height of 1.2 metres externally for health and safety reasons as internally there is a two metre drop into the garden, onto rocks. At 1.2 metres walkers and drunk people cannot sit on it, and topple over, but at one metre high, which is the planning stipulation, the situation is far more perilous."

Mason said that because the wooden fence was much taller than it’s stone replacement, he and his wife Sharon, 64, had "no idea" the new wall would contravene regulations. "We are pensioners. We don’t have £12,000 to rebuild it," he said. "Our wall is so much nicer than what was there before and safe. We are mortified. Ironic too that we live in what’s called Hadrian’s Wall Country."

'We know who complained'

The couple will now have to "disconnect" the wall from the Grade I listed bridge it adjoins.

He said: "We have a good idea about who complained to the council and they have some strange ideas. Most of the fences and walls in the village are above 6ft in height but because they have stood for more than four years they are exempt from the planning laws. The whole thing is barmy.”

More North East stories - click above
More North East stories - click above

The couple will now apply for retrospective planning permission to retain their wall at its current height.

A spokesperson from Northumberland County Council said: "We were made aware that a wall had been built at this property without planning permission and on further inspection it was found to be attached to a listed bridge. For that reason it is not acceptable and we have asked that it is removed.

"We have also given the householder the option to reduce it in height to one metre and remove it from the listed bridge."

Bear Mason's stone wall seen from a public footpath which runs above his garden. He will now apply for retrospective planning permission. (SWNS)
Bear Mason's stone wall seen from a public footpath which runs above his garden. He will now apply for retrospective planning permission. (SWNS)

What can I build without planning permission?

Some projects do not require planning permission due to 'permitted development rights'. Building projects that usually have permitted development rights include industrial premises and warehouses, some outdoor signs and advertisements and demolitions.

There are other projects that might not need planning permission - such as ones that will have no impact on your neighbours or the environment, so if you think this could apply to you, check with your local planning authority through your local council.

The roll-out of permitted development rights has drawn some criticism. Housing charity Shelter warned in 2019 that extensive use of permitted development rights (PDR) had meant local authorities cannot determine whether a scheme is of an acceptable quality to go ahead, or whether it is safe.

Council bosses told Bear Mason that someone had complained about the sandstone wall and that he needs to tear it down. (SWNS)
Council bosses told Bear Mason that someone had complained about the sandstone wall and that he needs to tear it down. (SWNS)

According to industry magazine The Developer, the House of Lords recently voted through an amendment to the Levelling Up and Regeneration Bill that would ensure new homes built under PDR would meet a minimum 'healthy homes' requirement amid fears than many of the 100,000 dwellings created in the past 10 years lack adequate safety features.

How do I get planning permission?

Planning permission may be required if you're considering building something new, making significant changes to your existing building, such as adding an extension, or changing the use of your building. If your project requires planning permission and you proceed without obtaining it, you risk being served an enforcement notice which would require you to undo all the changes.

Ignoring an enforcement notice is illegal but you have the option to appeal against it. To apply for planning permission, contact your local planning authority through your local council.

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