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Nottingham Post
Nottingham Post
National
Ben Reid

Wollaton Vale couple hit with court fine after row with council over garden outbuildings and fish pond

A Wollaton couple have been been left "baffled" after they were hit with a £20,000 fine for breaching planning rules by building outbuildings and fish pond in their back garden.

Ishitaq Ahmed, 47 and Nila Ahmed, 50, of Wollaton Vale, appeared at Nottingham Magistrates Court on October 11 after failing to comply with the requirements of a Planning Enforcement Notice.

The dispute spanned a number of years and involved various breaches of planning control, some of which had been resolved with the approval of retrospective planning permission.

Complaints were received by Broxtowe Borough Council as long ago as 2013 when the Ahmeds started to carry out works to the back garden, including building outbuildings and creating a fish pond. 

Their 'Ishy's Lounge' summerhouse was also built as a place where Ishitaq and his family could relax. But no enforcement notice was ever served in respect of the summer house.

The Ahmed's garden in Wollaton Vale (Nottingham Post)

The dad of five "just wanted a garden where the kids have fun and chill."

The couple have lived at the house for seven years and he estimates he has spent around £120,000 on the renovation works in the garden.

Artificial grass covers the back garden, which is split in half by a brook running through it. A wooden bridge has been built over the brook which leads to the fish pond and summerhouse.

Council officers visited the property on numerous occasions over the years in an attempt to resolve the breaches of planning while the family continued to carry out work to the garden.

The Ahmeds were granted planning permission to erect a pond with strict restrictions on the height of the pond walls (Nottingham Post)

The Ahmeds were granted planning permission to erect a pond with strict restrictions on the height of the pond walls, but they failed to adhere to those restrictions. 

A council spokesman said they also dug up the grassed area leading to the brook and replaced it with concrete, where the intention was to cover this area with artificial grass.

Planning permission would have been required to concrete the grass bank.

Ishitaq, who rents out properties, told Nottinghamshire Live he made the pond "slightly higher" as he was concerned his children could fall in at the allowed height.

A wooden bridge has been built over the brook which leads to the fish pond and summer house (Nottingham Post)

"I just want my garden to be safe for my kids, so I made it slightly higher," he said.

"I put down concrete because it needed to be flat for the artificial grass. I didn't realise I needed to get planning for it.

"I've ripped up the grass now and I've got to reapply for permission for the concrete retrospectively.

"I know it might not be everyone's cup of tea but it's my back garden and I can't see the issue with it.

"I'm baffled at the fine, £20,000 is a lot and it's set me back. I am just a layman. I felt spoken down to about it all. I do think it's been unfair."

Broxtowe Borough Council served an enforcement notice in August 2017 requiring the height of the pond walls to be reduced and the concrete area to be removed and replaced with grass reinstating the banks of the brook with native plant species. 

The council said it took legal action through the courts after the notice was ignored.

At the hearing, the couple pleaded guilty and between them were fined £20,000. They were ordered to pay £260 victim surcharge and prosecution costs of £1,140. 

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