Couple who built fence to block neighbour's home threatened with £20,000 fine

16 May 2023 , 10:02

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This photo shows the fence built by Michael and Sarah Laing at their property

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

Michael and Sarah Laing erected the 5ft fence to shield their garden from dilapidated lock-ups and had concerns a "crumbling" wall was 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.

Although the couple turned to the Scottish Government in a bid to save the fence, Mr and Mrs Laing have been told it will have to come down.

There are garages and skips beside the couple's house

The couple built a fence to try to hide the property from the unsightly neighbouring

In a letter to the government, Ms Laing said she only intended to "block out the mess [her] garden otherwise would overlook."

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But 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.

The council said the fence had needed planning permission

The letter added: "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."

The couple in Mid Calder, West Lothian, found the skip beside their home was an eyesore

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.

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

David Meikle