Woman wins fence planning fight after 'dog fouling problem'

A woman who faced having to tear down her fence after putting her life-savings into it has won the right to keep it on appeal.

Susan Gibson’s fence was blown down in high winds but when she replaced it she moved it to take in open grass she owned beside her Bonnyrigg home because, she said, people were leaving dog poo in ‘double figures’ on the land daily.

Midlothian planners refused to grant permission for the new fence saying it was too high and close to the pavement of her home, on Chester View.

But last week councillors overturned the decision on appeal after ruling the pensioner was entitled to safeguard her home.

Councillors urged Ms Gibson to consider painting the fence to fit in with neighbouring perimeters as they gave it permission to remain in place.

Earlier they had been told the pensioner had used her life savings to put the new fence up and would not be able to afford to replace it again.

At a meeting of the council’s Local Review Body Councillor Peter Smaill pointed out there were other fences on the street of a similar height and said if the colour was more in line it would not stand out.

And Councillor Colin Cassidy agreed adding “it may be with a bit of toning down it will be less intrusive”.

A representative for the home owner said plans were in place to paint the fence but had been put on hold because of the appeal.

Councillor Derek Milligan said he sympathised with the owner’s concerns about littering and mess on the open land.

He said: “I think the reason the occupant has moved the fence out is for a genuine reason and I do not see any reason to refuse it.”

The appeal was upheld and planning permission for the fence was granted.