Steven Thorpe, a 65-year-old property developer, faces a potential £20,000 fine after installing a section of the Berlin Wall in his Herne Hill garden. The council has issued a planning enforcement notice following complaints from neighbours who say the structure is overbearing.
Council Deems Wall 'Oppressive'
Thorpe purchased the 3.6-metre tall, 2.75-tonne concrete slab from a German farmer earlier this year for an undisclosed sum. However, neighbours complained to Southwark Council that the top of the wall was visible over their fence. The council subsequently ruled the installation 'oppressive' and declared that the 'only option available' is a planning enforcement notice.
A letter from a planning case officer, dated July 2 and received by Thorpe on July 4, states that the installation is 'unacceptable' and causes 'planning harm'. It notes that the wall 'significantly exceeds the 2-metre height limit for gates, fences, walls or other means of enclosure' under planning regulations. The letter warns that the enforcement notice 'is likely to require the removal of the works', and failure to comply could result in a fine of up to £20,000.
Thorpe Disputes Measurements
Thorpe has announced his intention to appeal the ruling, disputing the council's measurements. He said: 'I totally disagree with that – they've described a large reinforced concrete structure rather than a heritage artefact or sculpture. I think that framing's important, it underpins their conclusion simply as an unauthorised structure, when I consider it to be a historical artefact.'
He argues that the installed height is 3.1 metres, not 3.6, and that it is 97cm from the boundary, not 60cm as claimed. He also insists the wall is not an enclosure but a 'free-standing, historic artefact'. Thorpe added: 'My neighbour can barely see the top of it now I've got Red Robin [a shrub] planted along the fence. They simply assert it causes planning harm without any backup. One would have thought they'd come to visit the site before sending this letter.'
Council Suggests Relocation
The planning officer's letter suggests that an application might be considered if the structure were relocated elsewhere in the garden 'combined with evidence of neighbour consultation'. However, it states that without alternative proposals, the only option is to issue a planning enforcement notice, which is subject to appeal but failure to comply is a criminal offence punishable by a fine of up to £20,000.
Thorpe said: 'If I really have to move it, I'll move it, but I don't consider it's doing any harm to my neighbour. They can barely see it now the screening is there with the Red Robin. I'm taking some advice from friends of mine in planning.'
A Southwark Council spokesperson previously stated: 'We have received a planning complaint about a section of wall installed in Dulwich. We will investigate the complaint and take any appropriate action in line with the national planning process.' The council confirmed on July 6 that it had nothing further to add.
Historical Context
The Berlin Wall was a 155-kilometre barrier constructed by East Germany in August 1961 to prevent citizens from escaping to the West. It stood until November 1989, when a mistaken travel regulation announcement led to crowds surging towards the border, eventually breaching and demolishing the wall.
