A homeowner faces being ordered to tear down their garden fence after moving it out to enclose public land along the side of their house.
Midlothian Council planners rejected a retrospective planning application to change the use of the 21-metre-long strip of land, which is just under four metres wide, to private garden space and enclose it with a 6ft fence.
They called for the fence, which is already in place at the home in Kippielaw Walk, Dalkeith, to be looked into by the council’s enforcement team.
Planning officers said allowing it to stay in place would set an “undesirable precedent” and could lead to “further degradation of the character of the area”.
They said: “This area of public open space makes a valuable contribution to the character and visual amenity of this housing estate, forming an attractive entrance to a cul-de-sac.
“As erected and hard up to the boundary, the fence is highly visible and a very prominent and stark feature, totally out of keeping with the character of and detracting from the visual amenity of the area.
“If approved, the fence and the enclosure of this area of open space could set an undesirable precedent for similar proposals in the area, which would lead to the further degradation of the character and appearance of the area.”
A report on the application also revealed the council’s roads manager had also raised concerns about visibility for drivers being affected as a result of the fence.
The application also included proposals for a single extension at the back of the house, which officers did not raise concerns about, but it was rejected alongside the fence and change of land use.
Officers recommended the council “refuse planning permission on the basis of the change of use and fence and pass to enforcement section for appropriate action to be taken”.
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