We built 2m high privacy fence but council is forcing us to tear it down after neighbour complaint… we had a good reason

A COUNCIL is forcing a family to tear down their 2m high privacy fence after a neighbour complaint.

Cliff and Dawn Baker built the fence in front of their rented home in Edwinstowe, Nottinghamshire.

Their daughter Tiona-Jai has autism, learning difficulties and a rare chromosome disorder - and the fence was intended to stop her running into traffic.

Dawn, 48, told the : "The fence is for TJ’s safety. Her condition means she has no road sense at all."

But Newark & Sherwood Council ordered the family to pull down the fence within four months after a neighbour complained that it was too high.

Cliff, 43, said: "We feel they have gone only by planning rules and not medical issues. We are stuck between a rock and a hard place.

"They want us to take the fence down, but won’t take responsibility if anything happens to TJ."

He added: "It's ridiculous - we could end up with a criminal record just for trying to keep our daughter safe.

"She has no road sense. She could be hit by a car if she jumps or leaves, someone could harm her.

"We didn't build it for aesthetic reasons, it's purely functional to keep our daughter safe."

The family were backed by Tiona-Jai's doctor Jeanette Derbyshire - but the local planning inspector still dismissed their appeal.

He wrote that the fence was a "dominant structure in a prominent location that appears appreciably taller" than neighbouring walls and hedges.

The inspector added: "It is an intrusive and oppressive feature that harms the character and appearance of the area."

Now the family have until February to either tear down the fence or halve its height - which could allow Tiona-Jai to climb over it.

The council's Lisa Hughes said: "We followed the appropriate planning rules and law when investigating this case.

"We found the height of the fence contradicted national legislation and was negatively impacting upon local amenity.

"Therefore, a notice was issued, requiring the fence to be reduced to 1m, the maximum height permitted adjacent to a highway.

"This is obviously a difficult and emotional case. We wanted to help the applicant and have offered alternative solutions, which have been supported by the planning inspector.

"But unfortunately, these have been turned down by the applicant.

"We’re sorry to hear the applicant is frustrated by this decision, but are still open to working with them to find an alternative."

It comes after a a top lawyer warned that your neighbour could land you with a £50,000 fine under a little-known rule.