UNTIDY GARDEN

Sheila Irvine, of Allestree Lane, says that weeds from the house next door are spreading on to her conservatory and there are foxes living in the garage. She also said that a tree had grown through a car parked in the drive of the house, which appears to be a Triumph dating from the 1970s. But, as the house is privately-owned and is empty, there seems to be little she can do. Ms Irvine said, "It's falling apart and the brambles are 15ft high, reaching almost to the bottom of the first-floor windows and spreading. I have been in touch with the council and they have tried with the owner. He doesn't visit here often and when he does, he doesn't do anything to the house."

The residents' battle comes five months after Graham Ellison, of Fife Street, Alvaston, was sent to prison for four months - later reduced to three - for breaching an order to clear his messy garden. In that case, Derby City Council was able to prosecute him under the Town and Country Planning Act because he was living in the property and adding to the mess. City council spokesman Carol Mee said that the authority had been trying to deal with the problem in Allestree for several years.

She said, "The owner keeps agreeing to things, doing a bit of work and then not a lot else happens. We have tried to persuade him to sell the property, but we can't force him. Under the legislation, if it was becoming a real mess, like Graham Ellison's house, we could get him under the Town and Country Planning Act. If it was a dangerous structure, we could force him to sell it, to do the work or even demolish it. But, other than trying to persuade him to do what he says he is going to do, there's nothing more we can do." The owner of the property was not available for comment.

A clear-up operation finally got underway at the empty property after the owner decided to take action. Paul Lawrence, the owner of Garden Services in Alvaston and the nephew of the house owner, organised the clear-up operation. He said, "We have been asked to clear up the garden and that is what we are doing. We are going to completely level the garden and clear away all the rubbish, then I will start work on the house." He said there was no truth in reports that foxes or rats may be living in the garden and said much of the rubbish in the garden had been dumped there by other people and not his uncle, who is a teacher.

Derby City Council issued a stark warning to the owner of this property and others to keep their homes in order or it will invoke its compulsory purchase powers to buy empty, uninhabitable properties and sell them on. Philip Hickson, deputy leader of the council, said, "We have not been able to establish contact with the owner, but following the adverse publicity it seems they put in some measures for garden clearance. This house is causing a major nuisance to neighbours and as the city is facing a major housing shortage it is unacceptable that this house has been left to fall into this state."

When Gillian Condon moved into her council house in the summer of 2002, she was told that the overgrown garden full of rubbish would soon be cleared. But almost a year later, Miss Condon of Kingsley Street, Sinfin, still has a fridge, cooker, microwave oven, mattress and other bits of scrap on her back lawn. She made repeated requests for the garden to be cleared to Derby Homes, which manages council houses and estates belonging to Derby City Council. But nothing happened until the Evening Telegraph stepped in. Maria Murphy, service manager for Derby Homes, admitted the firm should have cleared up Miss Condon's garden last year and promised to send workmen immediately to inspect it. "We were aware that there were items in the garden and said they would be moved, but we've failed to move them."

Miss Condon said, "When I came here, there was furniture already in the house that belonged to Derby Homes. I was told to put it out into the garden where it would be collected, along with the rest of the rubbish. But nothing else happened and it's left me without a garden because it's full of rubbish and can't be used safely. It's not fair on my children. They have to go to my sister's or my friend's to play. Just before last Christmas, we had field mice in the house. I had someone from the environmental health department come to lay down poison, and she said that the garden was attracting vermin. I went to see Derby Homes several times but kept getting fobbed off. They always said that something would be done, but it never was."

Mrs Murphy said, "It wasn't until the end of March when we were contacted by Miss Condon that we became aware we hadn't cleared up, but this is no excuse because it should have been done by now. We will be apologising to her, and Derby Homes caretaker staff will be calling around right away to asses the situation and make arrangements for a clear-up to begin." Mrs Murphy also said that the workmen would cut back the garden's grass and bushes, which were badly overgrown. "We will be getting things back to a situation where Miss Condon can maintain the garden herself," she added.