A LONG-TIME Birkdale flower farmer is standing his ground after a next-door housing development built a 200m-long fence on part of his land.
Sam Sihota, 78, who has farmed the Birkdale Road plot for 34 years, has lodged a complaint against developer Wilson Four and Redland City Council in the Planning and Environment Court.
Mr Sihota said he would insist the developer remove concrete fence footings for the 4.5m-high retaining wall and return any red soil taken from his farm.
Redland City Council granted developer Wilson Four approval to subdivide the neighbouring block into 28 lots in 2011.
Council's senior assessment engineer signed an Operational Works Permit allowing the construction of the retaining wall in 2013.
Lawyers for Wilson Four, Macfie Curlewis Spiro, admitted the footings on the farm land in a letter to the farmer in July 2013.
Court documents from Mr Sihota's lawyers said "there was no evidence" the council had tried to rectify the problem or ensure the retaining wall conformed with the Excavation and Fill Code.
Mr Sihota's son Robinder called for more indepth council assessment and said the development's impact should also have been taken into consideration.
He said his parents wanted the wall to comply with council's development permit for Operational Works granted in July 2012.
"My mother, Harban, cried when she realised some of her precious red soil was taken and used next door for a housing estate," he said.
"My parents now have to work with a 5m fence on their southern boundary and are concerned there will be water run-off and silting issues along the retaining wall.
"They want the footings for the fence removed from their property and the red soil returned."
Under the Excavation and Fill Code, retaining walls must be setback at least half the height of the wall from the boundary of the site if the wall is higher than 1.5m.
A meeting of all three parties was held in mid-March and the matter returns to the Planning and Environment Court on April 2.
