The landowner of the ‘gap’ in Kellands Lane on the Meldon Fields Estate has issued a statement after a fence was erected in the middle of the housing estate without warning.
The fence was put up by Leander Developments in the morning of Wednesday, June 11.
The walkway was previously blocked by a concrete wall, dubbed ‘Devon’s Berlin Wall’, that was unexpectedly erected in April of this year.
After locals and councillors protested, the concrete wall was demolished by digger drivers who were not affiliated by West Devon Borough Council.
Now the landowner, Leander Developments, has put up a fence in the wall’s place, to the dismay of locals who have once again been using the route to take their children to school.
The landowner has defended the move, claiming that anyone walking over the land is trespassing.
A spokesperson for Leander Developments said: “The land is under private ownership, and there is no public right of way – anyone who crosses this land is committing trespass. The recently erected temporary fencing is for insurance purposes, as we are required to take reasonable steps to prevent trespass across our land.
“We previously installed a temporary block wall under Permitted Development Rights. The council issued an Enforcement Notice on the grounds of design, which we are appealing through the Planning Inspectorate.
“As an unknown member of the public partially destroyed the temporary block wall with a digger and rendered it unsafe, we have had to remove the rest of the wall on health and safety grounds. We have a construction management plan approved by West Devon Borough Council which allows fencing in this location. The fencing will be in place until the appeal is determined, and a permanent solution can be agreed with West Devon Borough Council.
“On January 6 2023 (two and a half years ago) we had a meeting, on site, with two directors of the council, the local member, and the then leader of the council to discuss a long-term solution to complete the Kellands Lane connection.
“After the meeting, no further action was taken by West Devon Borough Council. We remain willing to work towards a long-term solution to complete the road connection, but West Devon Borough Council do need to engage with us to enable this to happen.”
Residents were left up in arms after the fence was built on a school day with no warning.
Cllr Caroline Mott, West Devon’s Borough Council’s lead hub member for planning & built environment, said: “Our planning enforcement team were made aware that the structure at Kellands Lane had been replaced by Heras Fencing.
“Our enforcement team has been to visit the site to take further photographs and measurements. The have confirmed that work carried out happened on the day the Temporary Stop Notice, which prevents such work, expired.
“We will now consider whether the action carried out amounts to development and if so whether further planning enforcement action is required.”
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