A DEVELOPER accused of using ‘aggressive tactics’ has suffered a blow after its plans to keep an ‘eyesore’ fence in place were refused.

Serious concerns have been raised since Satnam erected the structure, on Birch Avenue, which prevented residents from parking on the piece of land used for that purpose for more than 30 years.

An appeal against the council’s decision to refuse the firm’s plans for 1,200 homes on nearby Peel Hall was dismissed in December.

The retrospective application for the fence came before the development management committee at the Town Hall on Wednesday, with officers recommending it for approval.

It was called in by Cllr John Kerr-Brown (LAB – Poplars and Hulme), who felt the proposal should not be considered until the ownership of the land was determined.

In April, the developer said the fence had been erected on its land as far as it was ‘aware’ – but residents have been questioning the ownership.

The council’s estates management team had been waiting for a transfer document from Homes England to ‘ascertain ownership’.

And Cllr Kerr-Brown called for a ‘clear definition’ over who owns the piece of land, while raising concerns over the structure.

He said: “It is hardly a fence, residents have to look at that, it is a complete eyesore.

“That should be taken down, I don’t know why that fence was erected without planning permission in the first place.”

A fence up to a metre high could have been constructed without planning permission – however, the structure on Birch Avenue is 1.4 metres high.

Furthermore, committee members were notified about concerns over why an ‘exception’ has been made for a firm using ‘aggressive tactics’.

Resident Tina Dutton is among those in the area calling for the fence to be taken down.

She added: “How is this respecting our living conditions?”

Cllr Bob Barr (LD – Lymm North and Thelwall) highlighted the ‘contended bit of space’ where it is ‘very difficult’ to prove ownership.

He said: “Are our expected standards really this low because I absolutely agree with the chair that this fence is completely unacceptable from any amenity point of view?”

The application was refused on the grounds of residential and visual amenity.

It means the applicant could be ordered to take it down by the council.

Cllr Kerr-Brown welcomed the decision.

After the meeting, he said: “I am really pleased with the decision but the key thing is the ownership of that small patch of land.

“I just hope the estates department can come up with the information from Homes England as soon as possible.”