Frustrated parents and locals living next to an eyesore 2-meter concrete barrier have likened it to ‘The Berlin Wall’ and expressed delight that it was knocked down by a mysterious have-a-go hero in a rented JCB.
The structure, which was hastily and mysteriously erected over the Easter holidays, completely cut off a walking route used by residents to get their children to St James Primary School in Oklehampton, Devon.
West Devon Borough Council have now issued an enforcement notice ordering Leander Developments to remove the unauthorised structure dubbed by locals as the ‘Berlin Wall’ between the two housing estates in Kellands Lane.
However, residents fear that should the decision be appealed, the wall could be built again prompting mad speculation as to the intentions of the landowners.
When visited the estate this week half of the wall had been demolished, with blocks lying scattered on the ground.
Councillor George Dexter revealed that the problem with the thin stretch of land is that it is located on a ransom strip from a nearby stretch of privately owned land.
Therefore any use of the road as a thoroughfare is technically trespassing.
He explained: ‘There used to be a hedge here, but families would just walk around it and in the intervening years the estates have sprung up around it.
‘A few weeks ago this wall suddenly appeared and everyone was confused. It cuts off everybody here.
‘Last week a resident took things into his own hands and soon after the council issued an enforcement notice.’
An enforcement notice is used when development is carried out without the necessary planning permission.
The notice tells the person receiving it what they have done wrong, what must be done to put it right and the timescale within which that must be done.
There is a right of appeal against enforcement notices and locals fear this could be enacted.
George continued: ‘It’s a big deal for these people. Why have they done it? Locals think its down to proposed developments in the field next door to it.
‘They think the developers are using their ownership of the ransom strip to get a better deal with their application.’
Naturally, the community has been staunchly against the new wall.
‘Nobody knew why it was put up’, says Dana Green, 40, ‘I moved here seven years ago and there was a hedge which died.
‘Then they put up this huge wall and the kids have been crawling underneath the gaps.
‘It’s really dangerous.’
Roy Hopkinson lives right next to the hated wall. ‘It’s been mental’, he concedes, ‘I don’t know why they’ve put it there.
‘It does look like the Berlin Wall, It made the neighbourhood a lot quieter, people were joking that there would soon be watchtowers installed.
‘Everyone was grateful to the person that knocked it down.’
‘My husband can’t get through it as she uses a mobility scooter’ said Verity Warren, ‘I can’t believe they just whacked it up. It used to be a load of dirt but then they made a new path when the school was opened.
‘Nothing happens for ages and then there’s a bloody great wall built.
‘Why didn’t they just put some bollards down!’
Keith Monnax told he had originally made the path through the mud.
He said: ‘I saw them putting the wall up and thought it was a bit harsh. But then they came and knocked it down anyway.
‘What happens now? It’s petty and all about land, but nobody knows where it will go from here.’
A spokesman for Leander Developments said: ‘The land in question is under private ownership, and there is no public right of way across this land – this isn’t a question of inconvenience to the public, as anyone who crosses this land is committing trespass.
‘To date, we have received a stop notice, but not an enforcement notice.
‘The recently erected temporary structure, on our land, was done for public safety and insurance purposes as Google Maps has started to show a right of way across this private land.
‘Our insurance requires us to take reasonable steps to prevent trespass, and Google now showing this as a right of way could invalidate our insurance, unless we can demonstrate that we have taken positive steps to prevent illegal entry onto our land.
‘On Thursday 17th April, a member of the public, with a digger, caused criminal damage by driving through this temporary structure. This has been filed with the police who have raised a crime number.
‘We would recommend members of the public stay away from this structure as we cannot guarantee its integrity following this attack, and the stop notice served by the Council prevents us from undertaking any remedial work.
‘To safeguard our insurance, we considered it our right under permitted developments to erect a temporary structure, and it is disappointing that Council is taking measures which allow trespassing to continue, despite making them aware that this was for insurance purposes.
‘On 6th January 2023 (nearly two and a half years ago) we had a meeting, on site, with two Directors of the Council, the local member, and the then Leader of the Council to discuss a long-term solution to complete the Kellands Lane connection.
‘After the meeting, no further action was taken by West Devon Borough Council. We remain willing to work towards a long-term solution to complete the road connection, but West Devon Borough Council do need to engage with us to enable this to happen.’