Norfolk farmer in planning dispute over wildlife pond

But a Norfolk farmer has managed to dig himself into deep water after his pride and joy left him embroiled in a "frustrating" planning row. 

Brian Rivett, a keen gardener, built a 38m long and 25m wide pond within the grounds of his home in Boughton, a tiny hamlet close to the village of Stoke Ferry in west Norfolk.

The pond is about 38m long and 25m wide and it has become a haven for wildlife (Image: Owen Sennitt)

At its deepest point, it is about 1.5m, while closer to the edge it is much shallower. 

He began the project in 2022 and two years later, it is now beginning to flourish as his plants grow and wildlife begins to make it their home.

However, in December last year, someone reported his excavation to West Norfolk Council, which then launched an investigation to see if enforcement action was necessary.

He has since been embroiled in an ongoing planning dispute, which he feels is causing unnecessary hassle and a potential bill of hundreds of pounds in fees.

An aerial view of the land in Boughton prior to the pond being created (Image: Google)

The 68-year-old said: "This is a time in my life that I want to be putting into the garden but instead I’m spending it jumping through hoops with the council.

"As a farmer, in the past we used chemicals which we now know are harmful to the environment. It is my attempt at giving something back to nature and also creating something nice in my garden.

Brian Rivett with two of his dogs next to the pond he built at his home in Boughton (Image: Owen Sennitt)

"The council is meant to be proactive in encouraging nature conservation, this all feels unnecessary.

"It makes you wonder, where does this stop? Will people be hassled for laying a patio?

Mr Rivett moved into the property with his wife in 2007. They have since been slowly creating their dream garden, taking inspiration from National Trust sites such as Hyde Hall in Essex.

Brian Rivett has put a huge amount of effort into his garden at Boughton Farm, taking inspiration from National Trust sites (Image: Owen Sennitt)

The pond, which is about 950 square metres, was mostly dug by himself and it has since become a home to bugs and a family of ducks that have returned for two years.

The previous owners had built a tennis court there but this was removed to make way for the pond, the water system for which is self-sufficient through being powered by solar and wind energy. 

Planning regulations are murky when it comes to ponds. They are considered "permitted developments" but it depends on the scale of the water feature. 

The West Norfolk Council offices in King's Lynn (Image: Archant � 2007)

A spokeswoman for West Norfolk Council said: “Mr Rivett needs planning permission because of the scale of the excavation; technically it is considered to be operational development.

"Some changes, even if in someone’s garden, are likely to need permission if of sufficient size."

The pond is self-sufficient, powered by wind and solar energy and it has become home to a family of ducks (Image: Owen Sennitt)

Mr Rivett, who spends lots of his time caring for his bees, sheep and llamas that live in an adjacent field, feels planning officers were "unnecessarily suspicious" when they inspected his property - a visit arranged last minute.

"It felt like his eyes were everywhere," he said, adding: "It was like they were looking for something to catch me out on."

The pond is surrounded by trees and other plants (Image: Owen Sennitt)

He says he has been given conflicting advice during his communications with the council, adding further confusion as to what is the best course of action to gain approval for his pond. 

However, there are hopes of a swift resolution, as the council has said it is keen to work "proactively" with Mr Rivett to bring the matter to a close. 

A spokeswoman added: “We can confirm that no enforcement notice has been served and we appreciate that an application has been made to regularise the situation. We will work proactively with Mr Rivett to move this matter forward.”