A couple have been forced by ‘petty’ council bosses to take down a garden fence which was just 78cm (30in) too tall after just one complaint.
Ian and Bethany Buswell erected the 1.78m (5.8ft) fence around their Hallow, Worcestershire, home to keep their autistic son Louis, six, safe from the busy road outside.
But they received a letter in September demanding they submit planning permission – which was denied three times – for their new fence after a single complaint.
The couple said they had only built the fence to replace a 4.8m (16ft) hedge that Hallow Parish Council had asked them to trim down for health and safety reasons.
They paid £3,000 for the fence around their detached home and planned to add a new hedge on the border of the main road.
But after being told to submit a planning application, the fence was rejected initially and on two appeals by Malvern Hills District Council because it was too high and did not fit in with Hallow’s ‘village-like character’.
The couple bought the house in April 2024 and moved in at the end of August after renovating, in which time the parish council asked them to cut back the hedge as it was spilling over on to the pavement.
Mum-of-two Bethany, 38, said: ‘It just took up the whole view, the car bonnet was on the road before you could see up the road it was that thick.
Ian and Bethany Buswell said the parish council had asked them to cut the hedge soon after buying the house because it was spilling over on to the pavement
They replaced the hedge with a fence but were then told they must apply for planning permission, which was denied
Bethany and Ian Buswell said the fence was an important safety measure for their son Louis, six
Ian added there had been issues with children and cyclists coming past in blind spots, hidden by the overgrown hedge, as he tried to leave his drive, according to Worcester News.
Bethany said the fence was ’15 or 16ft high’ and said the couple were ‘simply taking something down and replacing it with a 6ft fence’.
She added: ‘We thought we were doing them a favour.
‘Because the pathway was so narrow on the front, it was for the safety of the school children, too, as they were brushing up against it.
‘Removing it also helped us exit the property safely.’
But when they bought the materials for the fence, Bethany said a ‘man from the parish council’ said they would need planning permission.
Ian said the couple had not even been able to finish building the fence
Their home is near a busy road which Bethany said Louis had been able to run towards and reach twice in 18 months
After bringing the fence back 1.5m to allow for a new hedge, the man returned ‘a few days later’ and said the council had met and approved the build.
‘But now that doesn’t appear the case and it all seems rather petty,’ Bethany said.
The couple’s son has autism and a tendency to climb and bolt towards the busy road.
There are no horizontal slats in the new fence, making it much more difficult to climb.
Bethany, who works as a finance analyst for West Mercia Police, said Louis had reached the road twice in 18 months.
‘We’re so fortunate each time he’s got out, the car has stopped. He thinks it’s funny because he has ADHD. That’s the issue.
‘I just want my son to play outside this summer without risking him.’
She added the couple had bought the house as ‘our forever home’ but if they could not secure it, they could not ‘theoretically live here’.
‘We need the children to play in the garden – they’re just kids,’ she said.
‘There’s a small gap on the side of our prop that he’s managed to creep out of before, so it’s essential he can’t climb up it or get through it. A metre high fence wouldn’t stop him.
‘Everyone other than the council has been extremely pleased with what we’ve done.’
Since building the fence she said neighbours had thanked them because schoolchildren were now able to pass by more easily.
But in the most recent rejection on Monday the council said the main issue was the property’s ‘character and appeal’.
It said the ‘village-like character’ would suffer because of the addition and added although there are similar-sized fences elsewhere in the village, the couple’s border is ‘prominent on the street scene’.
The house was previously bordered by a 16ft-high hedge
Ian, 66, who runs a car dealership in the village, added: ‘They haven’t given us a chance to finish it, it just looks like brand new timber on the front of the house.
‘Had we been allowed to finish it with the hedge in front of it, I’m sure no one would have complained.
‘There are numerous other houses with this height in wooden fences. There’s about seven of them.
‘Villagers have said it’s safer for them and it’s safer for us. One person has made a complaint and it’s caused this.’
He said the couple had paid a ‘lot of money’ for the fence and he did not see how they had broken planning rules.
‘I don’t understand why we need to tear it down if we’re doing something to make everyone’s safety so much better.’
A spokesperson for Malvern Hills District Council said it could not comment in detail as it is a live planning enforcement investigation.
Hallow Parish Council were approached for comment.
