Council to review decision on pond
A CONTROVERSIAL ruling to force pensioner Jean Bailey to turn her picturesque garden and pond back into a muddy field is to be reviewed by senior councillors.
Planning officers had told the 74-year-old to destroy the plot she has spent seven years and £9,000 transforming into a tranquil haven for wildlife.
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WILDLIFE HAVEN: Jean in her back garden.
They have threatened to take legal action if she refuses as the Harriseahead garden has been developed on Green Belt land.
But the decision has brought widespread condemnation of Newcastle's local authority from throughout the country.
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Now planning committee members – who never saw the change-of-use retrospective application Jean was told to submit – have put the issue on the agenda for their next meeting.
The decision was ordered by Labour deputy leader Eddie Boden after he met planning officials.
He said: "The refusal was taken as an executive decision by officers with no input from elected members. I have now asked it to be sent back to committee as soon as possible for a fresh look."
The Biddulph Road pond, with its 60 fish, teems with bird-life and attracts spawning frogs, toads, newts and giant water beetles.
Jean created the garden in memory of late husband John and says she would prefer to be sent to prison rather than lose it. But the planners say it must go as it is 'eroding the character and quality of the area.'
A petition to persuade the council to think again has been launched by the village's pub, The Royal Oak in High Street, and in its first day scores of regulars added their signatures.
Jean said: "We are starting to prepare a planning appeal but it is great news that the councillors will now look at it for themselves.
"All I ask is I can keep my little garden and pond I love and live for."
The decision will be reviewed at a public meeting of the council's planning committee on March 26.
A council report states: "Councillor Boden has indicated that there has been significant public interest in the decision to refuse planning permission and the subsequent decision under delegated authority, to take enforcement action against the unauthorised change of use of land.
"In light of the strength of feeling expressed, he considers that it would be appropriate for the issue of enforcement action to be considered by the planning committee."
The report asks the committee to back the decision taken by officers.
Jean shares the garden with daughter and son-in-law, Kerry and Ian Parker, who live next door but in the same property.
They were given the plot when they bought the house in 2006 and were unaware it was in the Green Belt.
Kerry, aged 48, who works at Astbury Garden Centre, near Congleton, said: "We only moved here in the first place because of the chance of having a garden and pond. But I have been so overcome by the support we have had from everyone in the village I wouldn't want to leave now."
Planning committee member Councillor Ashley Howells has called for common sense to prevail.
10 Comments
by Harrieshead
Monday, April 29 2013, 12:29PM
“Anyone introducing fish stocks into a Greater Crested Newt habitat without consultation and permission from the appropriate authorities are liable to prosecution. They need fish free water in order to breed. Let us not kid one another about this garden: it is illegal, a personal and selfish development which has probably destroyed the newts previously successful ecology. It does not even resemble a wilderness garden.
Great Crested Newts are FULLY protected under U.K. and European Law and I find it abhorant that people are using them to justify a development -as small as it is- to justify their criminal activities.
Protect our wildlife and prosecute those who wish to destroy it.”
by Potterspeil
Sunday, March 17 2013, 7:25PM
“Ok! we appreciate that there need to be planning laws but it's not like she's put a large wind turbine on there, a telecommunications mast or a permanent structure in order to gain financially.
Quite the contrary; it looks to be in keeping with the surroundings? Hopefully, common sense will prevail. Newcastle BC planning officers need to show some discretion here.”
by Potterspeil
Sunday, March 17 2013, 7:24PM
“Ok! we appreciate that there need to be planning laws but it's not like she's put a large wind turbine on there, a telecommunications mast or a permanent structure in order to gain financially.
Quite the contrary; it looks to be in keeping with the surroundings? Hopefully, common sense will prevail. Newcastle BC planning officers need to show some discretion here.”
by Coulbo60
Sunday, March 17 2013, 2:06PM
“How refreshing that the council are listening to the local people and considering a u-turn, unlike S-O-T council who'd rather poke their eyes with pointy sticks than listen to their electorate! Lets hope sense prevails at Newcastle council and Jean gets to keep her lovely pond.”
by kjhgfd
Saturday, March 16 2013, 5:53PM
“why do these people just think they can do what they want on greenbelt land,if everyone did what they wanted on greenbelt land there would be uproar,if this is allowed to stay it will open the flood gates to everone ,make this woman put it back as it was at her expense i shall write a letter of complaint to my mp”
by focusboy
Saturday, March 16 2013, 1:42PM
“@gormenghast
You seem to think that a tiny garden that has actually improved what used to be a small patch of mud can be compared to huge projects that will rip up vast swathes of the countryside. You don't happen to sit on the planning committee, do you?”
by gormhenghast
Saturday, March 16 2013, 9:14AM
“Councillors and staff need to grow spines and stop leaving slime trails behind them, refer the issue to Ashley Howell`s masters in Parliament, let them decide, and the sooner the better, there is a major principle at stake here, and the Councillors and officers are flunking it. If they allow it now, how can they resist any appeals for encroachment into the Green Belt in the future for whatever incursion type it is.
The message here is simple to any developer and is a danger to any opposition groups, if allowed all I can say is good luck to the opposition to the HS2, new villages in Cheshire and its borders with Newcastle, and of course the open cast at Bignall End. No doubt Ashley will see the holiday village over Maer Hills resurrect itself, and all for quoting allhan1 a muddy 10 foot patch. As Councillors and officers you are there to uphold, not to amend to suit any emotive plea from fools who havn`t a clue what they are doing, totally unbelievable”
by gormhenghast
Saturday, March 16 2013, 9:13AM
“Councillors and staff need to grow spines and stop leaving slime trails behind them, refer the issue to Ashley Howells masters in Parliament, let them decide, and the sooner the better, there is a major principle at stake here, and the Councillors and officers are flunking it. If they allow it now, how can they resist any appeals for encroachment into the Green Belt in the future for whatever incursion type it is.
The message here is simple to any developer and is a danger to any opposition groups, if allowed all I can say is good luck to the opposition to the HS2, new villages in Cheshire and its borders with Newcastle, and of course the open cast at Bignall End. No doubt Ashley will see the holiday village over Maer Hills resurrect itself, and all for quoting allha1 " a muddy 10 foot patch". As Councillors and officers you are there to uphold, not to amend to suit any emotive plea from fools who havn`t a clue what they are doing, totally unbelievable!!!!!!”
by gormhenghast
Saturday, March 16 2013, 9:12AM
“Councillors and staff need to grow spines and stop leaving slime trails behind them, refer the issue to Ashley Howells masters in Parliament, let them decide, and the sooner the better, there is a major principle at stake here, and the Councillors and officers are flunking it. If they allow it now, how can they resist any appeals for encroachment into the Green Belt in the future for whatever incursion type it is.
The message here is simple to any developer and is a danger to any opposition groups, if allowed all I can say is good luck to the opposition to the HS2, new villages in Cheshire and its borders with Newcastle, and of course the open cast at Bignall End. No doubt Ashley will see the holiday village over Maer Hills resurrect itself, and all for quoting allha1 " a muddy 10 foot patch". As Councillors and officers you are there to uphold, not to amend to suit any emotive plea from fools who havn`t a clue what they are doing, totally unbelievable!!!!!!”
by allhan1
Saturday, March 16 2013, 8:35AM
“OK, she broke the planning rules and didnt get permision, but for heavens sake, she turned a muddy 10 foot patch in to a little wildlife haven.
Hopefully common sense will prevail but dont bank on it. Local councils, or government in general for that matter dont have much of that.”