Elderly Couple Ordered to Remove Garden or Pay £1,000
Hilary Garner, 82, and her husband Christopher, 84, face a £953.40 bill after planting flowers and shrubs on a patch of scrubland next to their home in Coxs Close, Hallow, Worcestershire. The couple spent over £700 on colourful aubrieta, eucalyptus, cherry trees, and an acer to brighten the verge. However, Ground Solutions UK Ltd, working for the developer, sent letters banning them from 'encroaching' on the land and demanding removal.
Community Garden Project Sparks Dispute
The couple moved to the estate in August 2024 and decided to transform the 97 sq ft patch into a community garden. They pay £320 per year for upkeep of the space. Hilary, a retired lecturer, said: 'It feels like a witch-hunt, we can’t understand it. Ours was the last house to be built and we were assured that we were going to have wild flowers and plants all along there.' She believes a neighbour down the road complained, adding: 'It doesn’t interfere with anybody at all so we’re absolutely amazed to receive letters telling us that if we don’t take it all down they will and we’ll be charged £1,000.'
Couple Refuse to Remove Plants
Given a deadline of June 22, the grandparents refused to remove the plants. Christopher, a retired insurance claims expert, said: 'At the moment we are standing our ground, it will be interesting to see if they have the nerve to come and do it. I thought everybody would be quite pleased - the neighbours certainly are - but that’s not the case with the company who have been contracted to do the grass cutting.' Their son, Nathan Garner, 54, added: 'Where’s the common sense? My parents understand that the land isn’t theirs and access for any maintenance, drains, etc. is fine. I see it as guerrilla gardening which should be celebrated. It encourages wildlife and improves a bare grassy corner. The world has gone mad.'
Developer's Contractor Cites Covenants
Mike Pett, managing director of Ground Solutions, confirmed the company wrote to the couple five times. He said: 'This approach has been taken following concerns and complaints raised by residents of the development. The land in question remains in the ownership of the developer and is due to be transferred to the Residents’ Management Company in due course.' The MD noted that covenants in property transfer documents allow only recreational use of managed open spaces; cultivation or planting without authorisation is not permitted. He added: 'Our preference is to avoid the need to instruct contractors to remove the trees and plants at additional cost. The matter can be resolved simply by relocating the planting from the managed land onto their own property. Despite our attempts to engage through both written correspondence and telephone contact, we have not yet been able to reach a resolution. Nevertheless, we remain committed to finding a practical and amicable solution and would welcome the opportunity to discuss the matter further with Mr and Mrs Garner.'
