Eastwood Town Council has defended its decision to evict a bipolar tenant from his allotment after he erected a shed without permission.
In September this year the council issued David Dimmock with an eviction order when he built the shed despite being refused planning permission on the grounds that the outlined size was too big.
The council’s rules for the Dovecote Road allotments state that tenants cannot build on their allotment without written consent from the council, ‘provided such consent not be unreasonably refused by the council’.
But Mr Dimmock says there is nothing in the rules about the size a shed can be and says permission has been unreasonably refused for the past 14 months, leading him to build the shed anyway.
Mr Dimmock suffers from Bipolar Disorder, anxiety, panic attacks and other mental health problems.
And his partner Donna Burton, 53, said the gardens provided vital therapy for his illness.
She said: “David’s health has gone right downhill. Ever since he was diagnosed he has kept his condition to himself but now he is so desperate he is telling the whole world.
“He is panicking as time is running out on the eviction period.”
Ms Burton is the secretary of the Dovecote Road Allotment Society and she claims the majority of his fellow plotholders are backing his fight because they are against any shed size rule and are happy with him keeping his allotment.
However a council spokesman said the notice to quit had also been issued as Mr Dimmock had moved out of the Eastwood boundary and no longer met the criteria for an allotment tenancy.
The 57-year-old claims he was told he could stay as long as he needed at the allotment as he only left Eastwood when he had to be re-housed in Nuthall by Broxtowe Borough Council in September 2010 because he was suffering from anti-social behaviour .
But a council spokesman denied that the authority had made any promises to Mr Dimmock.
He added: “The tenant has failed to comply with the allotment regulations by building a shed without consent which was larger than permissible and then refusing to reduce the size.
“All of these are contrary to the terms of condition of the tenancy.”