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My neighbours love my garden but now I’ve been ordered to remove my pots by council as they’re bigger than 40cm

'I have had nothing but hassle since moving in'

A PENSIONER has revealed her fury after being ordered to remove her pots by the council because they are bigger than 40cm wide.

Lynda Vincent, 67, moved into a block of flats with a shared garden in Hyde near Winchester and decided to make 'improvements' by adding ornaments, wind chimes and several plant pots.

Lynda Vincent moved into a block of flats with a shared garden two years ago
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Lynda Vincent moved into a block of flats with a shared garden two years agoCredit: Solent
She claims to have had nothing but hassle since moving in
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She claims to have had nothing but hassle since moving inCredit: Solent

Despite receiving compliments from neighbours over her pots and plants, Ms Vincent has been left furious after Winchester City Council informed her she must remove personal items from the outdoor space.

Ms Vincent was told by the local authority she can keep just one plant pot as long as it is 'no larger than 40cm in diameter'.

The 67-year-old said: "This biased treatment has disturbed any therapeutic use and has damaged tenants, friends, family and children’s recreational use of the communal area here.

"I have had nothing but hassle since moving in.

"Nobody looked after the garden before I moved in, I keep it clean and most of the neighbours have commented on how they enjoy the improvements I have made.

"I’m an outdoors person and it’s nice because I can unwind in the communal area but I can’t now.

"Other people across the district have like 15 plant pots, so why me? They said I had to get rid of everything, right down to the wind chime - I’m being victimised."

Ms Vincent believes the council has been 'biased' in their 'solitary' notices that were sent to just her, and not the other residents.


What are your rights?

When it comes to a neighbour's extension or building works, there are a few common causes of discord.

Overstepping property boundaries is a common problem, and it's important to check where the boundary lies to see whose land the works are taking place on.

You can buy these for as little as £3 from Land Registry.

Meanwhile, the Party Wall Act 1996 is a piece of legislation designed to prevent and resolve disputes between neighbours over building or digging work that affects a party wall.

Tom Edwards, partner in property disputes at LCF Law, said works within six metres of an adjoining home could fall within the act, which means neighbours must be given written notice.

He said: "Owners can also acquire rights to light over time. If you've had the benefit of natural light to your property for 20 years or more, even if it's not in your deeds, it can become your legal right."

Earlier this year she was asked to remove personal items from the garden, so made the decision to get rid of her water butt.

She has since been reminded that any forbidden items will be removed and may be charged.

Among several items listed to be removed are garden ornaments on the raised bed, garden ornaments on a stoned area, free-standing units with plant pots and ornaments, items attached to walls and plant pots.

A Winchester City Council spokesman said: "In communal properties with shared gardens, we do try and ensure that the garden areas remain available to everyone and anyone who wants to use them so no single property has greater use of the space than others.

"In this case, the flats' shared garden is very small and we want to ensure that it is accessible to all.

"For the reason of fairness, stored items or structures need prior permission, as is the case for any shared garden.

"We do exercise discretion and it is dependent on the space available so that any addition is not disproportionate to the space or could limit safe and inclusive access for other residents.

"We’re currently looking into making some improvements to the gardens to encourage all residents to use them and we’ll work with everyone living there to make the most out of the outside space for all to enjoy."

Lynda has received compliments from the neighbours
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Lynda has received compliments from the neighboursCredit: Solent
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