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Daily Mirror
Daily Mirror
Business
Sam Barker

Pensioner fined £500 over flowers she planted 30 years ago in row with council

A pensioner has been threatened with a £505 fine for keeping a flower planter on the path outside her home - despite it having been there for for 30 years.

Evelyn Graham, 84, keeps an old sink on the pavement next to her front door to grow flowers in - but says the warning has left her "not wanting to live in her own home".

Recently widowed Evelyn has been living in the property for 63 years and claims she maintains the path and it is not owned by the council.

She has been growing seasonal flowers in the planter for over 30 years, but in July she received her first complaint from Durham County Council.

Evelyn said: "The planter has been there so many years with no problems and brightens the front of the house it doesn't affect anyone.

"With everything that has gone on these last few months it was the final straw, brought me really low and not wanting to live here anymore.

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The planter outside Evelyn Graham's home (Lesley Wilson / SWNS)

"I love the planter, it has history. I love making sure it has bright blooms every month."

Her daughter Lesley Wilson, 64, is outraged by the threat and told Wales Online her mother is being "bullied".

She said: "The planter is not affecting anyone, it is not a hazard.

"No one uses the path, it is a senseless use of time, effort and public funds by the County Council to do this."

Furious Lesley says that concrete was laid for the path by the owners of the property in St John's Chapel, County Durham, in the 1930s.

Evelyn Graham with her daughter Lesley Wilson (Lesley Wilson / SWNS)
Evelyn Graham pictured with her late husband, Myles Graham (Lesley Wilson / SWNS)

Evelyn's neighbour Robert Thompson, 63, says he is "mortified" by what's happened.

He said: "Durham Council are bullying an elderly and vulnerable lady, especially during such troubling times.

"She is truly heartbroken and this is the final straw, she is desperate and depressed by their shameful behaviour."

The council argue that they repaired the footway in 2018 and the Highway Inspector regularly inspects it on their behalf.

They wrote that it is an "adopted highway" and thus any obstructions on it are illegal, so demanded the planter be removed.

Evelyn and her late husband Myles Graham, who passed away in May aged 86 with multiple health problems, moved into the three-bed in 1958.

Evelyn once worked for the council driving children to and from school and delivering school meals, before she retired 24 years ago.

She then cared for her husband Myles while his health deteriorated for the last five years before he died.

The couple were both green-fingered, and set the planter down over 30 years ago in order to grow crocuses, sweet peas and daffodils.

Evelyn repurposed the 3ft by 2ft sink when it was removed from a local school kitchen about 40 years ago.

"Gardening is extremely important to her, it helps her relax and gives her a purpose," said post office worker Lesley.

On July 29, grandmother-of-four Evelyn received a letter from Durham County Council demanding the "obstructions" be removed.

They argue that the footway that her planter sits upon is being "maintained by public expense" and is an "obstruction to pedestrians".

However, Lesley claims that the path was originally laid by owners of the home on Burn Foot, and maintaining it has been their responsibility since they moved in.

She even provided a receipt from a builder her father contracted to repair some cracks in 2018, however the council have not acknowledged this.

Lesley said: "She is being bullied by the County Council who have not provided evidence that they have maintained the path, therefore making their claim of ownership invalid."

Paul Watson, strategic highways manager at Durham County Council, said: “We understand the planter is important to Mrs Wilson, but as the photographs show, it blocks the footway and we received a complaint about it and other obstructions causing access issues to the rear of neighbouring properties.

“Our highways inspector undertakes an annual inspection of Burnfoot footway, with the most recent repairs carried out in 2018. This confirms the footway’s status as an adopted highway.

"We have provided evidence of this to Mrs Wilson and her legal representatives and politely asked for the planter to be removed. We also allowed a long period of time for evidence proving it is not an adopted highway to be provided but have not received any relevant information to date."

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