Woman seeks garden permission for land she doesn't own yet

Helen Brett applied to Lichfield District Council for a change of use on a piece of land off Wissage Road next to her house.

As part of the application, she also asked for permission for a 2m fence to be put up around the proposed garden.

The land is currently designated as ‘open amenity space’ but consent has now been granted for it to be used as a residential garden after officers recommended the plans for approval earlier this month.

However, Mrs Brett does not yet own the land.

She told officials at Lichfield District Council’s planning meeting she would seek to buy it if they gave her the permission to change its use.

The land is currently owned by a developer, who built eight houses on Wissage Road in 2017, however Mrs Brett said the fenced-off patch has since been left in a poor state.

The site contains a number of trees which have a tree preservation order on them which prohibits them from being cut down or deliberately harmed.

Mrs Brett commissioned a tree survey last year which found three trees on the land need to be replanted, while another three are covered with ivy and require remedial work.

She said the developer has no interest in the land and there is rubbish strewn about it.

It is located near the Samuel Johnson Community Hospital and Darwin Court Care Home – and one neighbour, Andy Cheer, said staff from the hospital and care home use the open space during their rest breaks.

Objecting to Mrs Brett’s plans, he said: “Following the written notice from the council, I only had two days to notify the neighbours and organise a petition to indicate the strength of local feeling [against the proposals].”

He said his petition carried 44 signatures, all of whom wanted the land to remain as open space.

Mr Cheer said they were all local residents or members of staff at the hospital and care home.

He said they would be willing to take care of the land themselves, with permission from the land owner, and purchase seating and plants.

“Given that all the residents of Wissage Road came out to clap for the nurses and care home staff during the peak of the pandemic, improving this amenity space for their benefit would be a token of our thanks," he said.

Speaking to councillors at the planning committee, Ms Brett set out her case for why she felt the change of use she was seeking would have a positive effect on the area.

She said: “The land has not been managed or maintained and looks unattractive to neighbours and the general street scene – and will only get worse.”

Ms Brett said the space where care home workers could sit during their breaks would only be slightly reduced as a result of her proposals.

She added: “My intention is to purchase the land from the developer, replace the fence, provide attractive planting in between the pavement and the fence, tidy up the land, plant more trees and wild flowers and do remedial work on the trees.

“This will provide the benefit of the fence and trees being more attractive to nearby neighbours and the general street scene, making the land thrive and be more attractive to insects, birds and small animals, encouraging biodiversity.”

She concluded by saying she no intention to build on the land.