A COUPLE have been forced to tear down the fence they built to keep their children and dog safe from a busy A-road.
Jessica and Stuart Little erected the timber structure outside their bungalow in Tarbert, Argyll, along with a fence.
The large decking area was constructed to replace a rusty metal structure.
But the pair have since been told they must tear it down after they did not gain permission.
They have claimed that they did not know they needed to seek planning permission for the changes.
With the busy A83 just metres from their home, it seemed like a simple replacement to repair the former fence.
To make matters more confusing, a neighbour two doors down installed a similar-looking fence so the pair did not question their own decision.
But they have since been hit with a notice by Argyll and Bute Council.
It informed them how the “prominent” structure had an “unacceptable and harmful effect” on the local conservation area.
The council said the decking area and the fence had to be removed.
In a bid to overturn the decision, the couple turned to the Scottish Government but they agreed that the decking would have to come down.
The Littles’ appeal said: “The fence was erected to replace an old, rusty fence on top of the existing wall.
[bc_video account_id=”5067014667001″ application_id=”” aspect_ratio=”16:9″ autoplay=”” caption=”Neighbourly Feud: Woman Furious as Former Neighbours Destroy Fences (1)” embed=”in-page” experience_id=”” height=”100%” language_detection=”” max_height=”360px” max_width=”640px” min_width=”0px” mute=”” padding_top=”56%” picture_in_picture=”” player_id=”default” playlist_id=”” playsinline=”” sizing=”responsive” video_id=”6362848013112″ video_ids=”” width=”640px”]“We assumed it was acceptable as a similar fence exists two doors up and we did not realise permission was needed especially given the safety concerns for our children and dog on a busy road.
“We believed we had permission for the decking, as it replaced an existing structure, and we had prior permissions for other extensions.
“Our house is opposite an industrial estate and behind four industrial sheds.
“The decking and fence have not harmed the area’s character. It seems unreasonable to consider our property within a conservation area while excluding the industrial surroundings.”
[authenticated-scripts src=”%3Cscript%20class%3D%22palin-poll%22%20src%3D%22https%3A%2F%2Fwww.thesun.co.uk%2Fpollingwidgets%2Fv3%2Fwidget.js%3Fquestion_id%3D110527%26game%3Dpolling%22%3E%3C%2Fscript%3E” type=”embedded” width=”100″ /]The council told the couple: “By virtue of its prominent sitting, design, material and scale the decked platform and fencing has an unacceptable and harmful effect on the character and appearance of the surrounding area.
“The scale of the raised platform and fencing is amplified by the raised ground levels of the site, and is an overbearing feature on the surrounding streetscape.”
Reporter Rosie Leven said: “I find that there is no lesser step than removing the decking and fencing that would remedy the breach.
“As a result, I consider that the removal of the fence and decking would not be excessive to remedy the breach and the appeal fails.”
A spokesperson for Argyll and Bute council said: “The Scottish Government has upheld the council’s decision.
“While we sympathise with the family’s situation, planning processes and regulations need to be adhered to, and we would urge anyone considering making any alterations to their home or garden to obtain confirmation whether or not planning permission is required before proceeding.”
[boxout headline=”What to Do If You Disagree with the Council’s Planning Decision”]Disputes over planning applications can be stressful, but there are steps you can take to challenge or resolve the situation:
- Understand the Reasons: Carefully review the council’s decision and the specific reasons for refusal or enforcement. This will help you identify areas to address.
- Seek Professional Advice: Consult a planning consultant or solicitor with expertise in planning law. They can offer tailored advice and represent your case if necessary.
- Submit an Appeal: If you believe the decision is unfair, you can appeal to the Planning Inspectorate. Be prepared to provide evidence and technical details to support your case.
- Explore Compromise: Engage with the council to see if a compromise can be reached. Adjusting aspects of the development, such as materials or design, may lead to an acceptable solution.
- Engage the Community: Support from neighbours and local residents can strengthen your position. A petition or letters of support may highlight the development’s benefits.
- Act Promptly: There are strict time limits for appeals and responses to enforcement notices. Ensure you act within the specified deadlines to avoid further complications.
Remember, while it can be frustrating, maintaining a constructive dialogue with the council is often the best way to find a resolution.