COUNCILLORS have criticised an 8ft-high “eyesore'” fence claiming that it was put up with NO permission.
Persimmon Homes North Midlands built the fence between its Buttercup Leys development in Derby and the A6.
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At a planning committee meeting this week, South Derbyshire District Council rejected the firm’s retrospective planning application.
Persimmon Homes said it would be appealing the decision.
The bund and fence forms part of the 1,058-home site off Chellaston Road.
Council officers said the fence was aimed at blocking noise and the view of the A6.
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It was originally approved at appeal back in 2009 as part of the outline application.
But it needed to be submitted separately before it could be built, which did not happen.
Dan Corbin, group leader for the Conservative Group, said: “What is actually up is quite frankly a disgrace – a heavily graffitied fence.
“It has been destroyed by tag artists and it has been turned into a complete eyesore.
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“This is a gateway site into South Derbyshire off the A50 as well as into Boulton Moor, the Elvaston Castle site and Alvaston and Derby city centre.
“And one of the first sights to welcome you to South Derbyshire or welcome you to Derby is an ugly fence. It is disgusting and a disgrace.”
He added that Persimmon had built in excess of 780 homes on the site but had so far not provided a primary school, community centre, or sports and leisure facilities.
A Persimmon Homes spokesperson said: “The recent application sought to confirm the finer details of the structure that met the requirements given during the outline planning process.
“Our proposal took on board feedback by National Highways which ensured that there would be no adverse impact to the A6, with the proposed structure designed in such a way that it could be looked after by a management company on completion, rather than by the local authority.
“The proposal was also approved by acoustic assessors, and included a landscaping scheme to ensure that the bund and fence would be screened from neighbouring roads.
“Any graffiti will be removed by our site team at the earliest opportunity.”
It comes after residents who forked out £400,000 to live on the estate say they got a nightmare.
Homeowners who purchased property inside the Buttercup Leys estate in Derbyshire allege their gardens are riddled with glass, rubble and four-inch nails.
What are your rights in retrospective planning permission?
A local planning authority can invite a retrospective application, according to Gov.uk.
You should submit your application without delay.
Although a local planning authority may invite an application, you must not assume permission will be granted.
A person who has undertaken unauthorised development has only one opportunity to obtain planning permission after the event. This can either be through a retrospective planning application or an appeal against an enforcement notice – on the grounds that planning permission should be granted or the conditions should be removed.
The local planning authority can decline a retrospective planning application if an enforcement notice has previously been issued.
No appeal may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application.
