'I'd rather go to prison than lose my pond': Pressure grows on Newcastle Borough Council for U-turn on plans to rip up pensioner's garden

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Tuesday, March 12, 2013
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The Sentinel

PLANNERS are coming under increasing pressure to reverse their decision to force an OAP to rip up her picturesque garden and return it to a muddy field.

Labour deputy leader Councillor Eddie Boden was yesterday meeting officers to 'let common sense prevail' over the decision to make Jean Bailey destroy her pond, immaculate lawns and flower beds.

  1. Jean Bailey in her garden.

    Jean Bailey in her garden.

The 74-year-old has taken seven years and spent £9,000 to create the water feature in the garden of her Harriseahead home.

But Newcastle Borough Council has ruled that the garden in Biddulph Road must go because it is on Green Belt land – and she faces enforcement action if she refuses.

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The decision – which was revealed by The Sentinel on Friday – was made by planning officers without councillors being consulted.

Mr Boden said: "I am seeing the planning department and want to reach a solution acceptable to both parties. This was a decision made solely by officers, not elected councillors, and there is some flexibility over how we can resolve it."

Planning committee member Councillor Ashley Howells added: "It is ridiculous that the council is pursuing an old lady to fill in her pond when large development plans in the Green Belt are going on and the HS2 railway line has not been opposed by councillors. Common sense must prevail."

Widow Jean has transformed the plot of undrained grazing land into a haven for wildlife, including spawning frogs, toads, newts and giant water beetles.

But planners say it is 'eroding the character and quality of the area'.

Now regulars at Harriseahead's village pub are raising a petition to back her.

Royal Oak landlady Diane Gallimore said: "Everyone in here is talking about it so we thought we would do something positive for Jean.

"No-one can understand how this was allowed to happen and people feel so strongly I'm sure we will collect many signatures.

"She has done something to benefit the whole area by attracting so much wildlife yet that counts for nothing."

Regular Sylvia Darlington, aged 55, of Chell, said: "How stupid can red tape get – I am absolutely disgusted."

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 part of the Green Belt.

Jean said: "I'm overwhelmed by all this support. I didn't expect people would be so interested but I'm overjoyed so many care."

Ian, who works at the BAE munitions factory, at Radway Green, near Alsager, added: "The council is calling our tranquil haven a blot on the landscape. The Government has a target of creating one million new ponds – they'll have one less if this goes through."

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24 Comments

  • Profile image for Harrieshead

    by Harrieshead

    Friday, April 19 2013, 12:00PM

    “This is a lovely garden pond - if it was in a garden.
    I cannot believe this lady,her daughter and son-in-law, were ignorant to their land being greenbelt.
    This is green belt land for a reason and that may include many different justifications eg,soil erosion, flooding, wildlife, natural/historical interest- the list goes on- often unknown to non farming and agricultural people, but clarification of land use is why one employs solicitors.
    What is there to prevent a wealthy developer concreting, or flooding, the entire Isle, irrespective of "Use of Land" legislation.
    LAW that is what.
    Land and its uses are priced accordingly; building plots,livestock,arable,pasture all different prices and reasons for it. YOU PAY TO OBTAIN WHAT YOU WANT.
    Has this pond been built in full view of every passer-by, or as a clandestine operation behind a hedgerow?
    "It is not harming anyone." Well when some perfectly innocent travelling folk purchase the land to the rear of the Royal Oak and decide to erect a hundred non-permanent fixtures i.e., caravans; will the regulars (are they all locals?) sign a petition supporting the travellers' "right" to use green belt because it is their land and they are not harming anyone, or will their be an objection because it is not a garden and on green belt.
    Enough people are doing what they wish to the countryside under the pretence of doing no harm.
    Perhaps number of non-permanent fixtures on my green belt land may raise support from a lot of people who do not even live there.
    IGNORANCE IS NO DEFENCE”

  • Profile image for Neil100

    by Neil100

    Saturday, March 16 2013, 6:07PM

    “"gormhenghast I see you know a lot about planning applications for ponds perhaps you work in the planning department for pond development?

    Not everything is comparable to the work of Staffordshire wildlife trust, this apparently is a field we are talking about at the rear of a house that a hole has been dug into. It is not a permanent building "it is not a building at all" so I don't see how it is an excuse to extend the garden into the green belt, as i understand it would be perfectly alright to build a temporary shed or carry out other business related farming activities on such land without any planning.

    9k does seem a lot but I cannot comment on that part as I don't know the costs involved.

    Personally it looks unintrusive by the pictures so unless someone has a "genuine reason" to complain other than the green belt issue I think it should be left as it is as it appears to be doing no harm to anyone or anything and sets no presidence for development of the green belt in any way whatsoever.

    If there was a "genuine complaint" then my views would be different or if it there was a possibility it was an excuse for later business use but I see neither.

    It also seems to have brought a lot of pleasure of a lady in her later years.

    As for your comments on HS2 and your other last comments you will have no argument from me on that score lol."”

  • Profile image for gormhenghast

    by gormhenghast

    Friday, March 15 2013, 10:58PM

    “Neil I have seen many applications to build pond in the Green Belt and some have succeeded and some have failed each being arbitrated according to its merits such as for example the fishing fraternity have got local pools provided by entrepreneurial land owners, there`s one at Whitmore another at Betley, wildlife groups apply and get ponds in the Green Belt, Staffordshire Wildlife Trust has a good example at the far end of Bateswood in Halmerend. What we see here is an apology, an excuse to extend the garden into the Green Belt, this is an example of a development that would attract refusal, its not a sports provision, or an ecological gain as The SWT site that was created to attract REAL wildlife and insects, a swarm of gnats over the fish pond in the back garden is hardly an addition to any environment other than to please the eye of resident. The statue is a dead giveaway, the uniform stucture and if she has spent £9k on it she`s been done.

    The sooner its put back to how it was the better, and as you point out the Government will be fought over the HS2 and the villages it wishes to build on Green Belt and as you point out its hypocritical of you to differentiate the view that this situation is any different, its just an example of the economy of scale of the intrusion in the Green Belt. Councillors know this and it is to their shame that they seek to change this decision, they should know better, and in a way you are right regarding them they are heifers, they should stand up and hammer every incursion into the Green Belt.

    And surely Neil you must know that this country has more restrictions upon its citizens than those experienced by the nations subjugated and annexed by Adolf in WW2. As for Democracy, easy peasy it works, just learn the Rule Book and manipulate the Law to your will.”

  • Profile image for Neil100

    by Neil100

    Friday, March 15 2013, 6:05PM

    “gormhenghast sarcasm my friend sorry it was lost on you perhaps some heifers would be a better choice to suit Newcastle council?

    The issue as I see it is since the government wants more houses and train lines built on green belt then what it wrong with a little pool and why is it against the law in the first place if everything is covered by legislation then we live in nothing more that a Dictatorship some freedoms and ownership rights to enjoy the freedoms as one pleases with your own land as long as it doesnot hurt enyone else must be observed by the authorities in a Democratic country.

    I will say it again how many planning application have you seen for people building a pond in green belt or not green belt up until now it has not been an issue until this draconian council made it an issue.”

  • Profile image for gormhenghast

    by gormhenghast

    Friday, March 15 2013, 2:17PM

    “@neil100 Its clear as spring water the level of your knowledge of nature, Salmon in a garden pond, or indeed in an isolated pond anywhere? Do ya go fishing? have you got SKY TV, I`d recommend a small time watching the Discovery Channels. And if you put Perch in, well bang goes the wildlife in the pond. Its a garden pond. Its sited in the Green Belt, had she put a goat in there subject to no doubt some Agricultural holding legislation thats fine usage of the Green Belt. They have broke the Law and like everyone else with a modicum of common sense and a pinch of intelligence would have checked it out first.

    What is embarrassing incredulous is to see the Local Councillors falling in line behind these dweebs. Grow spines you have a more important responsibility to the environment than pay lip service to this tripe, get it removed.”

  • Profile image for Neil100

    by Neil100

    Thursday, March 14 2013, 8:49PM

    “So Spudders1980 you are saying all she needs to do is put some tench, perch, or Salmon in the pond and low and behold its all back to nature as a pool is in the green belt?”

  • Profile image for Spudders1980

    by Spudders1980

    Thursday, March 14 2013, 8:12AM

    “Neil100 said "So the council are saying "now" that everyone with a pond in their garden needs planning permission right? For a pond "come on", they have got to be joking right? "At this point I look at my calender to see if it is April 1st!"
    I have never heard such a load of old rubbish in my life "polite for me".
    I have also never seen any planning notices anywhere for a pond.
    Have any of you?"

    The Council is not saying you need permission for a pond in your garden, this pond isnt in her garden and that is exactly the point. It's not the creation of a pond that she needs permission for, it is the extension of a residential garden onto agricultural land. In land use terms, changing green belt agricultural land to residential. If you look you will see plenty of planning applications for residential extensions, and a large proportion of those in the green belt are turned down.”

  • Profile image for gormhenghast

    by gormhenghast

    Thursday, March 14 2013, 6:34AM

    “The pond is a self indulgence, it is not a wildlife habitat and I seriously doubt that there are any purported species there. The Green Belt is sacrosanct and ALL breaches should be fiercely contested and that is exactly what the planners are doing, they are doing exactly what they are paid to do. Pretty as this garden is would you hold the same view if it were a storage warehouse or a cess pit? No, you`d be screaming its unauthorised development in the GREEN BELT. The principle remains the same, so if the creator of the garden who is not the owner would rather go to prison instead of her sibling well good luck on that one, it will be her children, she does not own the land.

    As for the reactionary headline grabbing Councillor who draws comparison with HS2 from the leafy glades of the area he represents, you and your fellows gave your planners authority to act as arbiters of simple applications, this is the simplist to decide, were this in the laefy glades of the GOLD BELT Mr. Howells represents he would be singing a different tune, and so would the residents. And in reality is it not a fact that to rescind this decision you have to wait 6 months and actually going against the Officers decision you will trigger an automatic officer lead appeal to Central Government and Mr. Howells that is the Tory controlled Govt. who of course will uphold the decision to refuse permission thus costing a small fortune in the process far exceeding the £7K this garden as cost. Can I please drive a Drot through it now and save us the Council Tax paying public the cost of all this sympathetic claptrap and feint support from Councillors who should know better. Separate the emotion from the argument and let those who can, get on with their jobs.”

  • Profile image for Neil100

    by Neil100

    Wednesday, March 13 2013, 7:50PM

    “Can anyone tell me how I report the ponds/ "pot holes" that are in the middle of the road in high steet harriseahead please?”

  • Profile image for Neil100

    by Neil100

    Wednesday, March 13 2013, 7:40PM

    “Spudders 1980 is either a terrible spammer or he has eaten or "smoked" to much of that nuclear stuff he has hidden in his house.
    So the council are saying "now" that everyone with a pond in their garden needs planning permission right? For a pond "come on", they have got to be joking right? "At this point I look at my calender to see if it is April 1st!"
    I have never heard such a load of old rubbish in my life "polite for me".
    I have also never seen any planning notices anywhere for a pond.
    Have any of you?
    Like others have said whether it is private property or not it enhances the area which shows how out of touch this "draconian" council is with reality!
    Good luck with the petition!

    !!!WHAT A NICE POND IT IS TO!!!”

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