LDRSAn Alford family has been ordered to tear down a fence and restore public ground that they had taken without permission.
Bruce Scott installed the structure around his property on Baillie Drive without getting the go-ahead from Aberdeenshire Council.
He argued it was needed to protect his home from straying footballs, dog waste and peering eyes of those walking past.
Council planners initially refused the retrospective application for the change of land use back in August.
But Mr Scott took his request to the local review body in a bid to overturn the decision and call the ground his own.
The property was built by Stewart Milne Homes as part of its Silver Birches development.
Mr Scott bought the home in 2015 and has lived there with his family since.
However, the family quickly realised that the unique bay window to the side of the house was causing some problems.
As the window looks out onto public ground, the family were concerned about people walking past looking into their home and invading their privacy.
They claimed that youngsters often gathered outside the window and kicked footballs off the side of their home, causing them unwanted nuisance.
And, they said that dog fouling was often occurring around their property too.
LDRSIn a bid to stop these problems the family took matters into their own hands by installing a fence around the window.
They argued it was needed to preserve their privacy and allow them to enjoy their home once more.
Mr Scott’s home is the only one in the Alford development to have a bay window.
The family didn’t live in the area when they were looking to buy the property so couldn’t visit the site to see how exposed the window actually was.
During sale discussions, Mr Scott said he was “led to believe” he could buy the land next to the house – but that never happened.
Mr Scott had been in talks with Stewart Milne about the land until the developer went into administration in 2024.
He later attempted to arrange a land purchase with the liquidators but had no success.
In a letter to Aberdeenshire Council, Mr Scott explained that what he had done was “not a land grab”.
He added: “It is merely an attempt to correct the mistake made by the developer.
“Our situation is unique, and the issues cause extreme distress to my family and is a constant daily worry which affects our mental health.
“All we desire is a quiet life with some safety and security for our property and family.”
The matter recently went before Aberdeenshire Council’s local review body.
Councillor Richard Menard supported the decision taken by planners and believed it was a “case of buyer beware”.
“They were aware of the situation when they purchased the property…this is just an afterthought on their part to my mind,” he added.
His colleague councillor Dominic Lonchay agreed.
“The buyers should have known what they were buying so I don’t accept that argument,” he stated.
“The fact that it is retrospective is also disturbing because somebody has taken the law into their own hands.”
Members unanimously agreed to uphold the refusal, therefore the Scotts will need to remove the fence and return the public ground.
Follow STV News on WhatsApp
Scan the QR code on your mobile device for all the latest news from around the country
