Former councillor accused of 'land grabbing' part of a historic Streetly woods loses appeal
An ex-councillor accused of land-grabbing part of historic Streetly woods has lost his bid to overturn action taken out against him.
Amers Kudhail will be forced to remove fencing which had incorporated public land which is part of Foley Woods into his property after it was erected around his Foley Road West home.
He had appealed against the enforcement notice, served by Walsall Council in March 2021, claiming the new fence replaced an old barbed wire one which had already been in place when his family bought the home in 2002.
But following a three-day hearing in July, planning inspector Mark Harbottle concluded Mr Kudhail’s appeal to be invalid.
The Government appointed inspector also awarded partial costs to Walsall Council, the final bill of which is being worked out between the parties.
Mr Kudhail, who served as a Streetly councillor from 2015 to 2018, now has until November 22 to remove the 1.9 metre high green mesh fence as well as paving slabs, posts, bricks and other domestic paraphernalia from the area.
The disputed land measures approximately 11.7m by 60m and is around 702 square metres in size.
During the hearing, which originally opened in September last year before being adjourned, Mr Kudhail said they had always used the space for parking cars, playing football and growing vegetables.
The property was originally a bungalow before that was demolished and replaced with a larger house in 2014.
Mr Kudhail said the new fence was erected in 2018, to replace the damaged old one, for security reasons following an alleged sexual assault in the woods the previous year.
When he was giving evidence to the hearing, he insisted that Walsall Council was fully aware of the work being carried out.
But the council’s barrister Jonathan Clay said there had been no evidence of a fence existing before 2018 and labelled him a ‘trespasser’, maintaining the land was public.
The authority said Mr Kudhail had no right to appeal against the notice, which was served in relation to an unauthorised change of use from public land to a private residential garden.
Council chiefs said they were pleased with the decision and added it will monitor the site to ensure necessary compliance.
Councillor Mike Bird, Leader of Walsall Council and Chair of the Planning Committee said: “Walsall continues to put the ‘force’ back in enforcement.
“I’m also satisfied that the Planning Inspectorate has concluded that partial costs are to be awarded to the Council on this case and these are currently being worked up.”
The dispute also caused concern in the community with the Foley Woods Residents Association raising objections to the work carried out by Mr Kudhail.
Chairman Steve Randerson told the inspector there were two other similar cases of residents attempting to claim a chunk of the area and people were concerned the woods would be lost forever if enforcement wasn’t carried out.
Ward councillor Suky Samra welcomed the decision and said: “This sends a strong message to any persons who encroach on any protected land.
“We as an authority will not sit back and watch and will take enforcement seriously.”
Mr Kudhail has been contacted for comment.
