Colchester fence put up 'did not need permission' resident claims

The closed-boarded fence, located between John Castle Way and Bourne Court, in Colchester, divides a footpath and cycleway positioned to the east of John Castle Way and west of Dudley Court.

It was built and then put in place by the resident as a way to prevent anti-social behaviour which is said to have long caused misery for homeowners.

After the route was blocked off, however, complaints were raised to the council’s planning enforcement team.

The concerns were investigated before a site meeting took place with residents of the estate, estate managers, planning officers and ward councillors.

It was then explained a planning application would need to be submitted to the city council to seek the retention of the fence, sparking fears it could need to be torn down.

The fence was put up to tackle anti-social behaviour (Image: Newsquest)

However, the resident who helped put up the fence, has now claimed they were told they did not require planning permission.

They have also spoken of the torment they went suffered at the hands of troublemaking yobs which ultimately drove them to put it up in the first place.

Speaking to the Gazette, the resident said: “The council sent us an email confirming we did not need to apply for planning permission as it was a private road.

“All we would have to do is pay for the work ourselves, which we did.

“I have footage of the abuse we were suffering - my five-year-old would not exit out of the back gate without being scared.

“Not to mention the fact that it makes our community safer.”

A retrospective planning application for the fence has since appeared before Colchester Council planning bosses.

The application was referred to the planning committee by councillor Martin Warnes after the blockade was deemed “controversial locally”.

Planning bosses had looked set to refuse the proposal, however, a last-minute change to the recommendation saw the application set for approval, provided the fence be changed to a lockable gate instead.

During the meeting, Colchester Council deferred the final decision, arguing the need for more consultation with residents, police and ward councillors.

The application for the fence was referred to the planning committee by councillor Martin Warnes after it was deemed “controversial locally” (Image: Newsquest)

What has the council said?

The council said the response to the resident was an "informal officer opinion" and added the application is under consideration.

A spokesman said: “In response to a ward councillor's inquiry, an informal officer opinion was provided regarding the need for planning permission for a fence.

“However, the planning permission for this housing scheme specifically mandates the provision of a footway link as a public benefit.

“This requirement is clearly outlined in the approved planning drawings and was thoroughly considered by the planning committee during its deliberations.

“We regret any misunderstandings arising from the informal advice provided to the ward councillor.

"In such complex or potentially contentious matters, it is standard practice to submit a formal application for a certificate of lawfulness to ensure a comprehensive review of the specific circumstances and supporting planning history.

“In this instance, no formal application was submitted, and informal opinions, while valuable, should not be taken as binding decisions of the council, as they solely represent officer opinions.

“This was explained to the management company and hence the current planning application was submitted to allow for transparent decision-making in the wider public interest.

“The current application is under consideration, and we are trying to work positively with all interested parties to find a satisfactory solution which addresses the concerns of the whole community.”