Homeowner given three months to tear down garden fence by East Lothian Council

A homeowner has been given three months to take down a fence enclosing part of their front garden or face enforcement action by East Lothian planners.

Gillian Anderson told East Lothian Council she had put the 6ft fence and a gate up “in good faith” after seeking advice from developers and the factors of the estate where she lives in Haddington.

She was ordered to apply for planning permission after officials became aware of the change, which saw the original fence at the house on David’s Way moved forward a metre to enclose a strip of front garden at the side of the house making the “rear” garden bigger.

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Last week, planners refused permission for the new fence saying it set a “harmful precedent” in the estate where low stone walls are used as front garden boundaries.

In her application to the council, Ms Anderson said she did not realise she needed permission to enclose the front space, which is part of her property.

She said: “We undertook this work in good faith after speaking with Taylor Wimpey (builders of property) and the factoring agent, Ross & Liddell.

“The builders advised us to contact the factors which we did and sent photographs of what we wanted to move and they advised they had no issue as long as we did not encroach on any communal ground which we didn’t as it was within the boundary of our own property.

“There was no indication from either party that we might be in breach of planning regulations.”

Planners said the new position of the fence and a gate, which was created at the side risked sparking similar actions from other residents.

They said: “The fences and gate would set a harmful precedent for allowing the addition of similar forms of fencing to be erected on the front roadside boundaries of the front gardens of other residential properties within the locality.

“Such change would be individually and cumulatively out of keeping with the character and appearance of the residential properties in the development, to the greater detriment of the streetscape.”

Refusing permission for the fence they said: “The fencing and gate are unauthorised and a breach of planning control.

“If within three months of the date of the refusal to grant planning permission for the fences and gate, steps have not been taken to remove the fences and gate, enforcement action will be taken to secure their removal with the period for compliance with the enforcement notice being three months.”