Homeowner who erected section of Berlin Wall in his garden without planning permission is ordered to tear it down after council warned it created an ‘oppressive sense of enclosure’

A council has called on a homeowner to tear down the Berlin Wall – or at least the chunk of it in his back garden – because it is ‘oppressive’.

Steven Thorpe, 65, bought a section of the notorious wall from a German farmer and put it up behind his Herne Hill, south London, home earlier this year.

But irate neighbours – who said they could see the top of the wall from their properties – complained to Southwark Council, which said tearing down the wall was the ‘only option available’.

A planning case officer wrote to Mr Thorpe on July 2 saying the wall’s installation was ‘unacceptable’ and caused ‘planning harm’.

They added the section of wall, which the officer said was 3.6m tall and weighed 2.75 tonnes, ‘significantly exceeds the two-metre height limit for gates, fences, walls or other means of enclosure’ under planning regulations.

A planning enforcement notice ‘is likely to require the removal of the works’, it concluded.

Mr Thorpe could face a fine of up to £20,000 if he refuses to remove the wall.

But the property developer said he would appeal the officer’s decision and added he disagreed with the measurements quoted in the letter, claiming the wall was 3.1m tall.

But he may be forced to remove the section of wall by Southwark Council, who said it caused an ‘oppressive sense of enclosure’ 

‘I totally disagree with that,’ he said. ‘They’ve described a large reinforced concrete structure rather than a heritage artefact or sculpture.’

‘I think that framing’s important, it underpins their conclusion simply as an unauthorised structure, when I consider it to be a historical artefact.’

The officer said no planning application had been submitted or approved, adding the development caused ‘material harm’ to neighbours because of its ‘overbearing scale, oppressive sense of enclosure and stark industrial appearance that is made worse here due to the massive scale and unnecessary siting of the wall so close to the garden boundary’.

But Mr Thorpe claimed the wall was 97cm from the boundary of his garden, rather than the 60cm quoted by the officer.

He said it was ‘not a wall’ but an ‘artefact’.

‘It’s not enclosing any land, it’s a free-standing, historic artefact. There’s no explanation whatsoever of the alleged planning harm.

‘My neighbour can barely see the top of it now I’ve got Red Robin [shrub] planted along the fence.

‘They simply assert it causes planning harm without any backup. One would have thought they’d come to visit the site before sending this letter.’

The officer also said an application may be accepted if the wall were moved elsewhere in the garden and there was ‘evidence of neighbour consultation’.

He had the segment transported to his home in Herne Hill, south London, after buying it from a German farmer

The 65-year-old said he would appeal the planning officer’s conclusions which found its ‘overbearing scale’ caused ‘material harm’

The Berlin Wall – pictured with the Brandenberg Gate – was built in August 1961 by the former East Germany

But it added: ‘Absent any alternative proposals the only option available to the local planning authority is to issue a planning enforcement notice.’

Mr Thorpe said: ‘If I really have to move it, I’ll move it, but I don’t consider it’s doing any harm to my neighbour.

‘I’m taking some advice from friends of mine in planning.’

Southwark Council previously said: ‘We have received a planning complaint about a section of wall installed in Dulwich.

‘We will investigate the complaint and take any appropriate action in line with the national planning process.’

The Berlin Wall was a 155km (96mi) barrier built by East Germany in August 1961 to prevent its citizens from fleeing to the West.

It stood until November 1989 when a new travel law was mistakenly announced, which saw crowds rush to the border.

The wall was opened under the onslaught of people and ultimately dismantled.