A HOMEOWNER planning to build a house in his garden, next to a nature reserve, has been branded a ‘garden grabber’ by neighbours — who claim he has no rights to the land.

A planning application has been lodged with the Isle of Wight Council for a two bedroom split-level house on Blythe Way, next to the Batts Copse and Sibden Hill nature reserve in Shanklin.

However, neighbours said the landowner, Neil Hilson, had no rights to the land in question.

A certificate of lawfulness was granted to Mr Hilson six years ago. He successfully demonstrated the land had been used by him as a garden for more than 12 years, after he had fenced it off and claimed it as his own.

Mr Hilson is now the legal owner of the land and was granted permission to use it as a domestic garden.

However, objectors claim the land was left to the people of Shanklin as public open space and it is within the local nature reserve.

Mr Hilson has declined to comment.

Last March, an application for a four bedroom house on the land, also submitted by Mr Hilson, was turned down by council planners. Committee members said the proposed house was too large compared with other houses in the area and would result in ‘over development’.

At the time, the Batts Copse Improvement Group said the land would encroach onto the nature reserve.

Neighbour Stephanie Welch has lodged an objection to the revised scheme with the council.

She said: "Even if the land was lawfully owned, this application constitutes ‘garden grabbing development’ and this contravenes national policy.”

She said the building would ‘scar’ the landscape and would be ‘intrusive’ to nearby surroundings.

Another neighbour, Dawn Garey — who claims the new house would overlook her garden — said: “I can’t believe it. The land has badgers, red squirrels and foxes.

“We walk across the land — myself with the dog and the children coming home from school. We won’t be able to do that if it’s a building site.”

Planning agent Glen Hepbun said Mr Hilson had lawfully claimed the land by adverse possession after fencing it off.

Almost 50 comments have been submitted on the online application.

Shanklin Town Council has not commented on the plans as ten councillors declared an interest, in that they know Mr Hilson, a former town councillor.

The final deadline for comments is the end of today (Friday, February 1).