A memorial garden set up in memory of a green-fingered grandfather has been ordered to be removed from outside a flat after health and safety officers branded it unsafe.
Gavin Vitler, 32, said his housing association had written giving him 28 days to get rid of the ornate tribute, which contained a water feature, he had created in memory of his beloved grandfather Malcolm.
The mini garden, on a balcony outside Mr Vitler’s flat in Middleton , has been in place for the past five years since his grandfather’s death at the age of 84 from cancer.
But now he has been given 28 days to remove it by Rochdale Boroughwide Housing (RBH) - before, he says, he could be taken to court.
The garden was created from cuttings of his grandfather’s own plants he put into pots - with Mr Vitler saying that he gained great comfort from seeing the garden growing after his death.
His grandfather was a former Grenadier Guard, who worked in security in later life.
The care home worker said: “It was a way for me to feel closer to him again after his death and grieve. I got the water feature and bits of plants that he used to grow in the allotments.
“I’ve added things to it over the years, different plants and my friend brought some fish over.
“I used to help him a lot when I was little, it was just something that we did together in the allotments growing his vegetables and plants.
“In the summer I have all of his favourite flowers in bloom, he loved dahlias and roses so I have a lot of those during the summer.
“He taught me everything I know about gardening, he was always outdoors and took me fishing when I was younger.
“He was a big strong man before he got sick, and loved his family and would do anything for them.
“I would be in the garden with him every other day at least doing something with him.
“It was our thing that the both of us did together, so the memorial isn’t just a water feature it’s a lot more sentimental to me than that.
“The fact that they want to get rid of it is very upsetting to me and after I received the letter I did start to get angry about it as they just haven’t been willing to compromise at all.
“I do think it is out of order, that they are making me take this down when it has been there for so long.
“They’ve said that it’s for health and safety reasons, that it’s blocking my fire escape.
“But it’s not bothering me or any of my neighbours, I’ve even moved my furniture so I have a clear route.
“I moved some of the plants after they spoke to me the first time, the plugs for the water feature are inside now so I’ve done everything I can to make it safer.”
Mr Vitler said he was taught everything that he knows about gardening from his grandad.
He has now set up a petition which he set up after receiving the letter, opposing the removal of the memorial which has over 200 signatures.
He added: “We got a new housing officer that came around, there was never any problems for five years before that.
“I spoke to them when they came over but they told me that it was a health and safety issue and it needed to be removed.
“I received a letter from RBH giving me the 28 days notice, even after I made attempts to make the area safer and responded to their concerns but it’s not good enough for them.
“One of my friends said to me you should set up a petition for this to get some support.
“So I did and I think it’s gone really well to have that many people in just a week, people have been really supportive about it.
“It’s really very nice to sit out on in the summer and enjoy it with my dad and think about all of the things we did together.
“It’s not just a garden it’s a lot more than that and I won’t get rid of it and I will go to court if I have to.
“It’s just really upsetting and ridiculous that they want me to get rid of something so sentimental to me when it isn’t doing any harm.”
An RBH spokesperson said: “We have a responsibility to make sure that all our tenants are safe and secure in their homes and this includes making sure communal areas and any exit routes in case of fire are clear.
“As part of this we have sought advice from Greater Manchester Fire & Rescue Service and this is very clear that the communal means of escape in flats are to be free from obstruction.
“The issue of personal items outside a number of flats in this area has recently been raised, and following this RBH has written to and visited tenants to explain that the communal areas do need to be kept clear as they form the means of exit and escape for tenants.
“We employ independent fire risk assessors to make sure that our tenants are safe from potential fire, and RBH would be prosecuted if we fail to take appropriate measures to reduce fire risk.
“We would never ask for action to be taken unless we felt that it was necessary to prevent death or serious injury in case of fire.”
