Dispute with council

[Joalau]

I have moved my side boundary fence 2 - 3 feet outwards which is adjacent to a public pathway leaving around a foot of grassed area edging the path with the fence still inside the boundary of my land according to the deeds plan, the fence was originally put up prior to the pathway being built so I always felt that if it had been the other way round the fence would have ran parallel to the path rather than cut across my garden now the council want me to tear it down and restore to original position which to be honest was only a dogs toilet whereas it is now a vegetable patch flower and plant area and decked and stabbed seating area much nicer. But council insist on turning it back to being a useless area of grass
The council first visited me in Nov/ December 2019 after a complaint was put in by unknown and said they would contact me within a week with their decision but it was on 14 th July 2020 that I received a letter telling me to reinstate fence meantime I was thinking as had no response from council that all was good and since have put in vegetable plot , decking for plants and fruit bushes in the reclaimed area now they are telling me to tear it all out and restore dogs toilet it seems so unfair what is your take on it

[des8]

Your problem is that generally the land between fences bordering a highway is part of that highway, and once a highway always a highway.

You might have had a case if your property had not been earlier fenced.
The highway authority can licence a frontager to plant and maintain trees, shrubs, grass and any other plants on a verge. So a flower garden can be licensed.

Perhaps your council will allow such a move, and you reinstate a low boundary marker on the line of the old fence.

[seduraed]

surely if as the op says the new position of the fence is still inside his boundary then it's his land.
Have you shown the council the boundary line on the deeds?