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Resident used fence panels to create a 'private garden' in a shared outdoor space

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A resident has used fence panels to create a 'private garden' in a shared outdoor space - dubbed a 'SHEEP PEN' by angry neighbours.

Flat owner Sarah Daly has incensed people in her building by making a 1.8m fenced-off area on the lawn outside.

She has been granted a "certificate of lawful development" by the council to create the private area.

But she has been accused of creating an 'eyesore' by the other three flat owners in the Victorian villa complex in posh Cheltenham, Glos.

Neighbour Alice Reeves, 46, said it had been deeply upsetting - and it had always been used as a shared garden.

She said Ms Daly had moved in five years ago and had immediately made her intention to have more privacy clear.

But she didn't expect it would have such an impact on those living there.

Alice, who suffers from Lyme Disease and also cares for her elderly mother, said the communal bin store was also being moved, which makes it much harder for them all to now access.

She said: "It is a shared garden that has always worked over the years until now.

''It is a very open space and one that has been enjoyed by all residents.

"It is just a very difficult situation. It is very upsetting and is making people very low.

"I have lived here on and off for 35 years with my mother and never had problems like this.

''All the previous residents we have got on well with.

"She moved in just five years ago but she has just dismissed our concerns.

''She said it was her right and she can do what she wants. There is nothing we can do.

''But we can raise awareness and try and push for a change in the law."

Ms Reeves said her neighbour did not have to get planning permission and instead just needed a 'certificate of lawful proposed use', which was recently granted by Cheltenham Borough Council.

Ms Daly has now also applied for planning permission to build a shed there, which the residents have also objected to on the grounds the bin store would be moved further away.

Alice added: "To put something like that in is horrendous. We just want to try and protect a conservation area.

"Building fences in front of people's windows is not very neighbourly at all.

''It is horrendous and I really feel for my neighbours. I am on an upper level but there is a retired couple downstairs. It is totally unfair on them and all of us.

"She does not think about anybody but herself. It's a depressing eyesore, she's created a sheep pen."

In planning documents, all residents of the flat registered objections, but council officers said these could not be taken into account as the work did not need planning permission.

The owner of flat one, wrote: "The proposed style of fence in a conservation area adjacent to the Pump Rooms and Park is not conducive to a fine Victorian building Goldington House.

"The fence as proposed will take natural light away from the flats and in the case of flat 1 the kitchen our most used room."

Another neighbour added: "The proposed fence would be an absolute eyesore. Goldington House sits directly alongside Pittville Park, it is recorded historically as a key building in the conservation area surrounding the Pump Room.

"Such a fence detracts from the open gardens layout encouraged to be in character with a Victorian house.

"Current and past residents have always respected this layout. Despite requests to the applicant to adjust the fencing to a more sympathetic design - the solid, high, wooden fence has gone ahead."

Another neighbour added: "The property is in a conversation area adjacent to Pittville Park, and a matter of yards from the glorious Georgian pump room.

"The public path through the park passes the bottom of our garden. The path offers a view of the magnificent Victorian property which is our home. Goldington House is listed by the council as a property of interest - a fine example of a Victorian villa.

"We are staggered that Miss Daly can go ahead with her project."

Planning official Ben Warren said the build was allowed to go ahead without planning permission.

He added: "The property is not listed, but is noted as a building of local importance and is located within Cheltenham’s Central Conservation Area.

"The applicant is seeking confirmation that the erection of a 1.8 metre high timber fence within the rear garden area of the site falls within permitted development and does not require the benefit of planning permission."

He said the application process did not require consultation with neighbouring land users, however comments can still be made.

He added: "In this instance, representations and objections from the other three residents within the building have been received. The objections and concerns relate to design, visual impact, impact on the conservation area and the setting of the listed Pump Rooms, and access.

"Whilst officers duly note and acknowledge the comments and concerns raised by local residents, the application process for a certificate of lawful proposed development only allows the local planning authority to determine whether the development accords with the permitted development regulations."

Ms Daly said in her application she had just wanted to create a 'secure and private garden'.

She added: "This involves no change of boundary and no change of access and is simply the formalisation of the garden as per Land Registry plans.

"The garden is to remain a garden. The fence will be erected to create a private and secure space within the demise of 3 Goldington House. This area is well within the curtilage of the main garden."

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