Glasgow homeowner who 'seized' public land ordered to tear down decking

A home owner who “seized” public land to make their garden bigger is set to be ordered to remove decking on it.

The resident erected raised decking on stilts reaching into communal land in an East End upmarket estate – giving them an extra 24 square metres of space.

A fence at the detached home on Earlybraes Drive was moved back 2.5 metres to amalgamate the scrubland into the property bordering Sandymount Cemetery

A neighbour had objected to the move, pointing out: “The claimed land is shared between the residents of the Earlybraes estate.”

The council turned down planning permission for the erection of the fencing and decking – which was put up without approval.

Adding complication to the matter there may be protected watervoles in the area as the property is located within a ‘trigger map’ for the creatures.

Applicant Lorna Houston lodged an appeal against the council’s refusal of the plans for her property, which pointed out she had tried to buy the plot.

The appeal also said there was no access to the plot and there was supposed to be a hedge planted but instead it has become waste land. The appeal also said the ecological value of the land had been enhanced within the garden.

But councillors backed the council’s original decision to reject the bid and threw out the appeal on Tuesday at the planning local review committee.

Local councillor Declan Blench, SNP, said: “I feel the homeowners here seem to have unilaterally seized some land, built a fence that is not allowed to be built and in the process there is a risk they may have committed a wildlife offence in an area where the species are protected.”

Explaining more about water voles, he added: “They are a lovely little species. They have their own page on the council website – everyone should look at it. I don’t see any reason to grant this application.”

Councillor Martha Wardrop, Scottish Greens, added: “I think the fact we have received an objection from a neighbour and that it is communal land shared by a number of owners in the area makes it clear that we can’t allow this to happen. It has got to be refused. It does not comply with policy and there should be a hedgerow there instead.

She added: “I would ask that it is refused and we just leave it for the watervoles to have a lovely time there.”

Expressing agreement, councillor Andrew said: “This has gone ahead without permission. Perhaps the owners were unaware that they would require permission for this. But I think they would have been aware that this is shared land that is not within their ownership.”

He said the fencing and decking structure is inconsistent with planning policy in a number of areas.

The meeting heard the original garden was about 90 square metres – and an extra 24 square metres has been added.

The council’s enforcement team will now consider the matter with the homeowners facing having to remove the decking from the communal space.