We built garden fence to block out eyesore view & keep our child safe

A COUPLE who built a fence to block out eyesore garages next to their house have been ordered to tear it down or face being fined £20,000.

Michael and Sarah Laing erected the 5ft fence at their home Mid Calder, West Lothian, to shield their garden from dilapidated lock-ups.

They also had concerns a 'crumbling' wall made it a safety hazard for their young child.

But they were left stunned when West Lothian Council ruled they had built the fence without planning permission and slapped them with an enforcement notice.

The couple turned to the Scottish Government in a bid to save the fence but have been told it will have to come down.

Failure to follow an enforcement notice can lead to individuals being taken to court prosecuted where the maximum fine is £20,000.

People can also face a fixed penalty notice of £2,000 for non-compliance with a notice served by the council.

In a letter to the government, Mrs Laing said: "I am appealing the enforcement notice as I would like someone to visit my property to understand why I had the boundary fence erected at said height.

"At the time I was unaware that there was a height restriction so it wasn't my intention to break any rules however my reasons for it are clear.

"The set of four garages adjacent to my house and driveway are in a significantly poor state of repair, the wall is crumbling, it is unkempt and unsafe for my young child.

"More than half of the year the driveway contains a skip and when the skip isn't there, there's a poorly parked van.

"The fence is not overlooking anyone's property and is at the end of a row of houses, I simply want to block out the mess my garden otherwise would overlook."

Issuing their notice to have the fence removed, West Lothian Council said: "The fence exceeds 1 m in height, therefore, it does not conform to the householder permitted development rights set out in planning legislation."

Upholding the council decision, government reporter Sue Bell said: "I conclude that the fence would not fall within the scope of permitted development and that planning permission would be required.

"I have considered the appellant's stated reasons for installation of the fence, but these do not alter the fact that the fence has been installed without the necessary planning permission.

"I note that the appellant has notified the council that steps are being taken to carry out the actions set out on the notice."

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