I’m being forced to demolish my garden by cruel council – it used to be an eyesore…I’ll fight tooth & nail to keep it
A HOMEMADE rooftop garden tackling anti-social behaviour and a ‘haven for wildlife’ has been ordered to be taken down by local council – over health and safety fears.
Rob Wood, 53, built the Mediterranean roof garden at Broadsands Beach Watersports Centre in Paignton, Devon.
Rob, who has owned the space for 17 years, said it was a haven for wildlife and has even been deterring anti-social behaviour.
But Torbay Council, which leases the centre building site to Rob, said any modifications to leased buildings “must comply with planning, structural safety, and health and safety regulations”.
It says the roof garden was made without prior permission and could pose potential risks and it has ordered him to take it down.
Rob said previously the space was ‘really ugly, with a horrible wall’, and admitted ‘all it did was attract anti-social behaviour’.
Rob, whose background is in civil engineering, said: “It’s health and safety gone mad!”
”There is a thought process that has gone into what we have done here.
“I’m devastated. We poured our heart and soul into this just for us to be told to take it down.
‘Kids were drinking cider – all that kind of stuff, it was always awash with beer cans on a Sunday morning.
“I just want to try and find some compromise – and we are hoping common sense will prevail.
“What I didn’t like was the blanket ‘get rid of it’, why not have a bit of compromise? We are hoping we won’t have to get rid of all of it.
“Every day, I am bombarded with compliments about it. There’s always someone looking at it, always someone taking photos, people taking videos.
“If they have an issue with it, why can’t they come and say ‘can we do this instead?’ I’m just really disappointed by the ‘get rid of it’ attitude.”
Rob says since he started building the garden back in March there has been a drop in anti-social behaviour there.
The area is not open to the public but Rob says it used to be hotspot for antisocial activity.
He described the final project as an “eclectic array of a bit of everything that just looks nice and has had a really positive impact”.
Rob said: “The tourists, the locals – everybody loves it.
“Every single day people come up and comment, on the whole you come down the corner there to walk down to the ramp to go and get some kayaks, there are always people videoing it, taking photos.”
He explained the general consensus amidst the community is to ‘not give up’ and ‘keep on fighting’ to save their garden from the council’s ordered demolition.
The team have taken onboard some of the council’s recommendations to improve safety, including installing a no access sign, taking away a table and chairs so people won’t come up but can see the garden from the ground.
Rob said he was visited by a member of Torbay Council on Monday 19 August and was told there had been a number of complaints.
He said: “We started just by planting a couple of nasturtium plants – I went to my go-to nasturtium plants that I used to plant with my nan when I was a young kid!
“So we began by planting plants – and it’s all just gone from there really!”
Rob planted the colourful flowers with his niece, Dolce, 3, as she spent one day a week helping her uncle during the winter.
He also received advice from local gardeners and plant cuttings to help him along the journey.
Broadsands Beach Watersports Centre have not received a formal enforcement notice yet just a request to remove the garden.
A Torbay Council spokesperson said: “We acknowledge the efforts of a tenant on our property who has constructed a roof garden without prior permission.
“While we appreciate Mr Wood’s positive intentions, it is crucial to emphasise that any modifications to leased properties must comply with planning, structural safety, and health and safety regulations.”
They added that it was “never our intention to limit initiatives for things such as gardens”, but “as a responsible authority, we must ensure that all additions to our properties are safe and compliant with structural safety and health and safety regulations”.
Allowing unapproved modifications which deviated from lease conditions “could pose potential risks to Mr Wood, the area, and all users of that area”, they said, adding that the council hoped to “resolve this matter amicably”.
Does your rooftop garden require planning permission?
According to the Garden Club, planning permission may be necessary unless your rooftop garden falls under permitted development rights.
Important factors to consider before you begin planning include:
- The size and location of your rooftop garden.
- The impact on the surrounding area and on neighbours.
- Whether the garden will sit on a listed building or conservation area.
- Whether the garden poses any safety concerns.
Consulting with your local planning authority will help you navigate your planning process effectively.