A company director has been mandated to dismantle his “illegally constructed” fence after a complaint from his neighbor brought the issue to the attention of the local council.
Phil Edwicker, aged 50, received orders to remove the two-foot-high barrier from his Totton, Hampshire residence after a neighbor flagged it as improperly positioned on public land.
The fence, made of metal wire, holds significant sentimental value for Mr. Edwicker, who takes meticulous care of it, claiming he polishes it to a shine much like one would a car.
However, his neighbor, Tim Goodman, has raised objections to the fence’s legality. This follows Mr. Edwicker’s successful 2023 application for a home extension.
As a result of Mr. Goodman’s complaint, Hampshire County Council has instructed Mr. Edwicker to remove the fence, which is adorned with LED lights and stainless steel wires.
Council officials have stated that the fence encroaches onto the public highway, though Mr. Edwicker disputes this, denying that it extends into any public pathways.
To rally support, Mr Edwicker has written to his MP and called members of the community to his cause – slowly convincing fence sitters.
He put the fence up during the pandemic to replace the old one he had put there in 2002.
He admitted he did not apply for planning permission for the new fence but all his other neighbours were fine with it being there, including his next-door neighbour.
Phil Edwicker designed the fence himself and put it up during Covid. It has since become a figure of attachment for him, with him washing it as ‘like you would a car’
Mr Edwicker, who is the managing director of a lift company, said: ‘It’s of no risk to anyone, the only person it would affect would be my immediate neighbour, and she has no problem with it.
‘As far as I’m concerned, I put the fence up on my land. It was only grass before I put this in.
‘Hampshire Highways Authority haven’t proved to me it’s their land, it’s just their word against mine.’
Mr Edwicker said that he had even got the fence signed off by a planning officer from another council – the New Forest District Council – in 2023 when they were taking a look around before approving his extension.
He added: ‘I could understand if it was poking out into a path, but it is not even a throughway, there’s no cut through, but the council say it’s because it’s on a path.’
It’s more than just the principal to Mr Edwicker as well, who has become attached to the fence he put ‘a lot of effort and love’ into designing.
He said: ‘I put a lot of passion and many hours into designing this fence.
‘I’ve spent so many hours and so much money making this, I wash it like you would a car.’
As a peace offering, he has removed three posts of the fence on a ‘temporary basis’, halving its size. It will mean he has to spend more money redesigning the fence and rewiring it.
‘It’s soul-destroying after all the effort I’ve put into it,’ said a defeated Mr Edwick.
In an objection written in 2023, Mr Goodman said he had no problem with an extension being built, but he opposed the fence.
He said: ‘I do not object to the proposed building extension, but I do object to the currently unlawful fence. This must be removed.’
Neighbour Tim Goodman complained to Hampshire County Council who sided with him that the fence is on public land. Mr Edwicker disagrees but has taken down two posts as a peace offering
Mr Goodman added: ‘The resident concerned would better serve himself if he reinstated the Highway verge back to public use, removed a small part of the lawn and slightly extended the block paving.
‘He could then still lawfully utilise part of the fence to prevent vehicles damaging his lawn.’
Mr Edwicker said that even some of his neighbours were frustrated with the council’s decision on his behalf. Many signed his letter to their Conservative MP Julian Lewis for New Forest East in support.
Hampshire County Council doubled down on its position, saying it is dutybound to ensure public highways are safe and accessible but said it does understand that ‘this is a frustrating situation for residents, especially where work has involved time and expense’.
The spokesperson said: ‘Following an enquiry from a member of the public, we have contacted residents in Itchin Close after confirming that part of a fence has been built on land that forms part of the public highway.
‘We have shared the information used to establish that boundary with the affected residents.
‘Keeping the public highway unobstructed is important, as even small changes can affect access and safety for people using the verge or footway.’
