'Fustrated' by long land battle (From Barry And District News)

'Fustrated' by long land battle

A BARRY resident has been left frustrated and angry after a long land battle with the Vale of Glamorgan Council.

Retired BT engineer Tony Gardner bought a plot of land next to his home in Gibbonsdown Rise a decade ago.

But or the last three years he says he has been fighting for a straight answer about whether he could build on it.

The sixty-three year old told the News: "We moved into the house 15 years ago and the ground next to us was a total tip. There were overgrown brambles and sacks of household waste in there. We paid £3,500 and made it into a large garden."

The couple finished paying their mortgage three years ago and had deeds to their house and the land, which showed plans for a bungalow. But further investigations unearthed a restrictive covenant.

A stream runs under the garden and has been piped off. The covenant prevents any work being carried out 12 meters from the pipe, leaving the land useless for building.

Tony said: "When I first bought the plot we had no plans to build. It just became a good idea when we saw the plans. If from the start I'd been told I couldn't build I would have accepted it. But I've had the run around for the last three years."

Maureen, 62, added: "Tony has a trapped sciatic nerve and the house and garden are too big. We need a bungalow and now we've have to sell our house. We don't want a new mortgage at our time of life but we haven't got a choice."

A Vale of Glamorgan council spokesman said: "A culverted water course takes the stream under this site and as the council has the responsibility of maintenance it needs to ensure access for any future work. The position is that irrespective of the planning permission issue the proposals put forward by Mr Gardner in relation to the necessary access arrangements do not meet the council's requirements."