AN ILKLEY homeowner has been served a formal notice by Bradford Council to remove a controversial fence or apply for planning permission for change of use of the land.

Mr John Ogden, the owner of 17 Victoria Avenue, Ilkley, has been served the notice under S143 of Highways Act 1980. Once the 28 days of the formal notice expires the council will be in a position to take further action which can be to remove the fence or start legal proceedings for causing an obstruction.

The action follows work carried out contractors on behalf by Mr Ogden which has angered neighbours. It saw the removal of trees to the side of his property which had previously been used as a woodland area by residents and the installation of a new fence.

Neighbours say the land has been 'arbitrarily appropriated' and a petition has been signed by more than 100 people objecting to the work.

Mr Ogden has now submitted a planning application to build a new car port and garden store.

This planning application is now also the subject of formal objections by Ilkley residents. John Hancock, of Victoria Gardens is one of those who has objected. He states: "The council will be aware that the home owner recently constructed a boundary fence at this property which incorporates land from a public right of way. This is action by the home owner is subject to a separate legal challenge.

"If, after due process, it is found the boundary fence is not correctly sited, then there is no vehicle access to the car port which rather defeats the object in building such a construction. In my view, therefore, any decision on this application needs to be refused until the issue of the boundary is resolved."

Thomas Kay, also of Victoria Gardens, says: "The plans for the proposed car port and store incorporate land in the woodland recently appropriated without permission by the owner of 17 Victoria Avenue. This land was enclosed, trees were cut down and the right of way through the woodland, an unadopted road, was impeded.

"Thus until the owner of 17 Victoria Avenue has sought and obtained retrospective planning permission to move his fence, install a new access gate to his land and close the unadopted road, I object to the proposed development of the car port and store."

In her objection, Karen Burgess, of Northcroft Grove, says: "I object to this application on the grounds that the some of the land this will be

constructed on is under dispute as to whether the house owner has the right to it."

Dr James Brogden, of Skipton Road, adds: "... I find it absurd, that Bradford Planning would even consider the application for the construction of a 'new carport and garden store'. These proposed buildings would be out-of- keeping in this conservation area. Instead of wasting valuable time considering this

application, Bradford Planning, and the related departments who are meant to protect conservation areas and public rights if way, should enforce the removal of the incongruous timber fence (barrier), reinstate the accurate boundary (six yards to the south of the current fence), whilst ensuring that Mr John Ogden replaces the erased trees and bushes. We cannot allow power, influence, and money, abuse planning and conservation law."