A London homeowner has been told he will likely have to remove a section of the Berlin Wall from his garden after the local council deemed it 'oppressive' and in breach of planning regulations. Steven Thorpe, 65, purchased the 3.6-metre-high concrete slab from a farmer in Germany and installed it at his property in Herne Hill earlier this year.
Neighbours complain about the wall's height
Neighbours who could see the top of the wall over their fence complained to Southwark Council, prompting an investigation. In a letter dated July 2 and received by Thorpe on July 4, a planning case officer stated that the installation was 'unacceptable' and that the 'only option available is a planning enforcement notice'. The letter noted that the wall, which weighs more than two tonnes, exceeds the 2-metre height limit for 'gates, fences, walls or other means of enclosure' under planning regulations. 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.
Homeowner disputes measurements and classification
Thorpe, a property developer, said he plans to appeal the decision and disputes the measurements cited. 'I totally disagree with that – they've described a large reinforced concrete structure rather than a heritage artefact or sculpture,' he said. 'I think that framing's important, it underpins their conclusion simply as an unauthorised structure, when I consider it to be a historical artefact.' Thorpe claimed the installed height is 3.1 metres, not 3.6, and that the wall is 97 centimetres from the boundary, not 60. He also argued that the wall is not a fence but a free-standing artefact that does not enclose land.
Council cites 'overbearing scale' and 'oppressive sense of enclosure'
The planning officer's letter stated that the wall is 'causing material harm to the amenity of the neighbouring property by reason of its overbearing scale, oppressive sense of enclosure and stark industrial appearance that is made worse here due to the massive scale and unnecessary siting of the wall so close to the garden boundary.' Thorpe countered that his neighbour can barely see the top of the wall since he planted a Red Robin shrub 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,' he added.
Possible relocation as an alternative
Towards the conclusion of the letter, the planning officer suggested that an application might be accepted if the wall were moved elsewhere in the garden, 'combined with evidence of neighbour consultation.' However, the officer added: 'Absent any alternative proposals, the only option available to the local planning authority is to issue a planning enforcement notice.' Thorpe said he is considering his options: '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.'
Council statement and potential consequences
Southwark Council said in a statement: '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.' If Thorpe does not comply with the enforcement notice, he could face prosecution and a fine of up to £20,000. The case highlights the tension between preserving historical artefacts and adhering to local planning laws.
