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STV News
30-04-2025
- Climate
- STV News
What are the rules around fences in Scotland and when can you not put one up?
As the good weather sees homeowners surveying their gardens and considering improvements, some have run into issues. There are several rules which apply when it comes to putting up fences and can help avoid disputes with the local authority. Last week, a woman in Livingston was ordered to tear down a fence she put up to protect her garden after partially winning an appeal to the Scottish Government last year. Dawn Gardner said it was erected stop 'persistent dog fouling and littering' on land near her property. But West Lothian Council planners denied permission for the retrospective erection of a fence on grounds of 'detrimental impact on the visual amenity of the area'. The owner of a property in Glasgow was told to pull down an 'unsafe' fence because it was blocking views of oncoming traffic. The owner of the property offered to reduce the height and make angle changes, but that was knocked back by councillors, who said the changes would not be enough to make it 'safe.' In another case, the owner of woodland on the edge of Carberry, Whitecraig, in East Lothian, has hit back after he was refused permission to fence in nearly 100 metres of it despite a stone wall doing the same on the other side of the road. STV News takes a look at the planning rules around erecting fences in gardens in Scotland. If you're doing a small project, you might not need to apply for planning permission. This is called 'permitted development' and could allow you to build a gate, fence or wall if they meet certain rules. In this case, the gate, wall or fence can be up to two metres in height, as long as: It's not facing a road; It does not come any further forward than the 'principal elevation' (the front of your house) or the side elevation (the side of your house); It's not within or on the boundary of the grounds of a listed building; Your house is not within a conservation area. If the application does not meet these rules, it may still qualify for permitted development as long as it's not higher than one metre, and not within a conservation area or in the grounds of a listed building. If you already have a gate, fence or wall that's taller than the permitted development height and you want to replace it, you can do so as long as the replacement is no higher, and you do not live in a conservation area or listed building. For example, if you have a 2.5 metre high fence, you can replace it with another 2.5 metre high fence under permitted development, unless you live in a conservation area or a listed building. Typically, people require planning permission if: They want to build something new; They want to make a major change to a building – like an extension; They want to change the use of their building; Their building is in a conservation area; Their property is a listed building. Planning authorities can advise on conservation area status, and people can check if their building is listed by checking Historic Scotland's listed building search. You might need other approvals before you can carry out work. For example, you might need approval under the building regulations from the local council. If you do not own the land on which the development is being carried out, for example a tenant or the land's in joint ownership, you need to get the landowner's permission. The planning authority in your area will publish details of the application on its website, as well as tell your immediate neighbours. While the application is being considered, anyone can visit the website and comment. A drop-down list of the websites of the various local planning authorities across Scotland is available to view here. Planning authorities aim to reach a decision within four months for major developments and two months for local developments. People can apply for planning permission online using the ePlanning Scotland website. If your project needs planning permission and you do the work first, you may be served an enforcement notice. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
STV News
24-04-2025
- STV News
Homeowner vows to fight council order to tear down fence protecting her garden
A Livingston woman has vowed to fight on against an order by councillors to tear down a fence she put up to protect her garden. Dawn Gardner accused West Lothian Council's development management committee of 'bullying' behaviour and of ignoring a decision by Scottish ministers, which agreed the land belonged to her. Mrs Gardner partially won an appeal to the Scottish Government last year and had to retrospectively apply for new permission to keep the fence. She told the Local Democracy Reporting Service that the fence had been put up to stop persistent dog fouling and littering over the area of land beside her home. The corner site is in her title deeds, and she has to maintain it, as did the previous owner of the house in Waverley Crescent. Before the fence was put up, the land was frequently used as a shortcut by some, and the last straw for Mrs Gardner was seeing drunks urinating against a garden wall just feet from her back door. Mrs Gardner paid thousands of pounds to have the area fenced off to create more privacy around her home. While most of the fence is low enough to be allowed as permitted development, one section is just a few inches above the height permitted. Council planning officers told a meeting of the DMC that, while they did not fully agree with the Scottish Government's Reporter's partial upholding of the appeal, they did recommend retrospective planning permission for the fence along with planning permission to build a double garage within the garden of the house be approved. Eliburn Community Council complained last year about the enclosure of open space and it reiterated that when Steve Egan appeared before the committee. He said: 'The community council's objection was to the loss of open space. Why have stated policies and not followed them? The officer's report is wholly silent on this.' An agent for Mrs Gardner said Mr Egan had an 'unhealthy obsession' with the issue of open space around Mrs Gardner's home, adding she had fenced in land she owned to protect her home against criminal behaviour. However, councillors did not like the fence. Councillor George Paul said, 'The quality of finish is very poor. I don't think it's very aesthetic to the area.' Councillor Pauline Stafford said: 'It appears that the fence is in breach of planning legislation; the height of the fence detracts from the streetscape, which most other properties have quite an open aspect.' Chairing the meeting, Councillor Tony Boyle said the fence was 'really intrusive'. He added: 'I note there are no objections from neighbouring householders, but that's beside the point.' Having sought clarification from planning and legal officers, the DMC agreed to grant permission for the garage but refused permission for the fence. After the meeting, a furious Mrs Gardner told the LDRS: ' A new appeal goes in tomorrow.' She added: 'The councillors took no notice of what the Scottish ministers said. They didn't even listen to the planning officer.' Referring to the councillors, she said: 'They were making really personal remarks. Some of the comments were very personal. There's nothing wrong with the fence. 'I thought it was bullying. There was not one decision based on fact; it was all personal opinion, and they didn't even look at what the ministers said. Mrs Gardner said she had the support of surrounding neighbours who have told her the fence is better than the unkempt open ground there previously. As for the objection: 'Eliburn Community council didn't even discuss it, it was never on their agenda,' she added. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
Daily Record
24-04-2025
- Daily Record
Furious West Lothian home owner ordered to tear down fence protecting her home
A Livingston woman has vowed to fight on against an order by councillors to tear down a fence she put up to protect her garden. Dawn Gardner accused West Lothian Council's Development Management Committee of 'bullying' behaviour, and of ignoring a decision by Scottish ministers, which agreed the land belonged to her. Mrs Gardener partially won an appeal to the Scottish Government last year and had to retrospectively apply for new permission to keep the fence. She told the Local Democracy Reporting Service that the fence had been put up to stop persistent dog fouling and littering over the area of land beside her home. The corner site is in her title deeds and she has to maintain it, as did the previous owner of the house in Waverley Crescent. Before the fence was put up the land was frequently used as a shortcut by some, and the last straw for Mrs Gardner was seeing drunks urinating against a garden wall just feet from her back door. Mrs Gardner paid thousands of pounds to have the area fenced off to create more privacy around her home. While most of the fence is low enough to be allowed as permitted development one section is just a few inches above the height permitted. Council planning officers told a meeting of the DMC that, while they did not fully agree with the Scottish Government's Reporter's partial upholding of the appeal, they did recommend retrospective planning permission for the fence along with planning permission to build a double garage within the garden of the house be approved. Eliburn Community Council complained last year about the enclosure of open space and it reiterated that when Steve Egan appeared before the committee. He said: 'The community council's objection was to the loss of open space. Why have stated policies and not follow them. The officer's report is wholly silent on this.' An agent for Mrs Gardner said Mr Egan had an 'unhealthy obsession' with the issue of open space around Mrs Gardner's home, adding she had fenced in land she owned to protect her home against criminal behaviour. However, councillors did not not like the fence. Councillor George Paul said 'the quality of finish is very poor. I don't think it's very aesthetic to the area.' Councillor Pauline Stafford said: 'It appears that the fence is in breach of planning legislation; the height of the fence detracts from the streetscape which most other properties have quite an open aspect.' Chairing the meeting, Councillor Tony Boyle said the fence was ' really intrusive'. He added: 'I note there are no objections from neighbouring householders but that's beside the point.' Having sought clarification from planning and legal officers, the DMC agreed to grant permission for the garage but refused permission for the fence. After the meeting a furious Mrs Gardner told the LDRS: ' A new appeal goes in tomorrow.' She added: 'The councillors took no notice of what the Scottish ministers said. They didn't even listen to the planning officer.' Referring to the councillors she said: 'They were making really personal remarks. Some of the comments were very personal. There's nothing wrong with the fence. 'I thought it was bullying. There was not one decision based on fact; it was all personal opinion they didn't even look at what the ministers said. Mrs Gardner said she had the support of surrounding neighbours who have told her the fence is better than the unkempt open ground there previously. As for the objection, 'Eliburn Community council didn't even discuss it, it was never on their agenda,' she added. Don't miss the latest news from the West Lothian Courier. Sign up to our free newsletter here .
Edinburgh Reporter
24-04-2025
- Politics
- Edinburgh Reporter
Livingston woman vows to fight on against order by councillors to tear down fence
A Livingston woman has vowed to fight on against an order by councillors to tear down a fence she put up to protect her garden. Dawn Gardner accused West Lothian Council's Development Management Committee of 'bullying' behaviour, and of ignoring a decision by Scottish ministers, which agreed the land belonged to her. Mrs Gardener partially won an appeal to the Scottish Government last year and had to retrospectively apply for new permission to keep the fence. She told the Local Democracy Reporting Service that the fence had been put up to stop persistent dog fouling and littering over the area of land beside her home. The corner site is in her title deeds, and she has to maintain it, as did the previous owner of the house in Waverley Crescent. Before the fence was put up the land was frequently used as a shortcut by some, and the last straw for Mrs Gardner was seeing drunks urinating against a garden wall just feet from her back door. Mrs Gardner paid thousands of pounds to have the area fenced off to create more privacy around her home. While most of the fence is low enough to be allowed as permitted development one section is just a few inches above the height permitted. Council planning officers told a meeting of the DMC that, while they did not fully agree with the Scottish Government's Reporter's partial upholding of the appeal, they did recommend retrospective planning permission for the fence along with planning permission to build a double garage within the garden of the house be approved. Eliburn Community Council complained last year about the enclosure of open space, and it reiterated that when Steve Egan appeared before the committee. He said: 'The community council's objection was to the loss of open space. Why have stated policies and not follow them. The officer's report is wholly silent on this.' An agent for Mrs Gardner said Mr Egan had an 'unhealthy obsession' with the issue of open space around Mrs Gardner's home, adding she had fenced in land she owned to protect her home against criminal behaviour. However, councillors did not not like the fence. Councillor George Paul said 'the quality of finish is very poor. I don't think it's very aesthetic to the area.' Councillor Pauline Stafford said: 'It appears that the fence is in breach of planning legislation; the height of the fence detracts from the streetscape which most other properties have quite an open aspect.' Chairing the meeting, Councillor Tony Boyle said the fence was 'really intrusive'. He added: 'I note there are no objections from neighbouring householders but that's beside the point.' Having sought clarification from planning and legal officers, the DMC agreed to grant permission for the garage but refused permission for the fence. After the meeting a furious Mrs Gardner told the LDRS: 'A new appeal goes in tomorrow.' She added: 'The councillors took no notice of what the Scottish ministers said. They didn't even listen to the planning officer.' Referring to the councillors she said: 'They were making really personal remarks. Some of the comments were very personal. There's nothing wrong with the fence. 'I thought it was bullying. There was not one decision based on fact; it was all personal opinion they didn't even look at what the ministers said. Mrs Gardner said she had the support of surrounding neighbours who have told her the fence is better than the unkempt open ground there previously. As for the objection, 'Eliburn Community council didn't even discuss it, it was never on their agenda,' she added. By Stuart Sommerville, Local Democracy Reporter Like this: Like Related
Edinburgh Live
24-04-2025
- Edinburgh Live
Furious West Lothian home owner ordered to tear down fence protecting her home
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info A Livingston woman has vowed to fight on against an order by councillors to tear down a fence she put up to protect her garden. Dawn Gardner accused West Lothian Council's Development Management Committee of 'bullying' behaviour, and of ignoring a decision by Scottish ministers, which agreed the land belonged to her. Mrs Gardener partially won an appeal to the Scottish Government last year and had to retrospectively apply for new permission to keep the fence. She told the Local Democracy Reporting Service that the fence had been put up to stop persistent dog fouling and littering over the area of land beside her home. The corner site is in her title deeds and she has to maintain it, as did the previous owner of the house in Waverley Crescent. Before the fence was put up the land was frequently used as a shortcut by some, and the last straw for Mrs Gardner was seeing drunks urinating against a garden wall just feet from her back door. Mrs Gardner paid thousands of pounds to have the area fenced off to create more privacy around her home. While most of the fence is low enough to be allowed as permitted development one section is just a few inches above the height permitted. Council planning officers told a meeting of the DMC that, while they did not fully agree with the Scottish Government's Reporter's partial upholding of the appeal, they did recommend retrospective planning permission for the fence along with planning permission to build a double garage within the garden of the house be approved. Eliburn Community Council complained last year about the enclosure of open space and it reiterated that when Steve Egan appeared before the committee. He said: 'The community council's objection was to the loss of open space. Why have stated policies and not follow them. The officer's report is wholly silent on this.' An agent for Mrs Gardner said Mr Egan had an 'unhealthy obsession' with the issue of open space around Mrs Gardner's home, adding she had fenced in land she owned to protect her home against criminal behaviour. However, councillors did not not like the fence. Councillor George Paul said 'the quality of finish is very poor. I don't think it's very aesthetic to the area.' Councillor Pauline Stafford said: 'It appears that the fence is in breach of planning legislation; the height of the fence detracts from the streetscape which most other properties have quite an open aspect.' Chairing the meeting, Councillor Tony Boyle said the fence was ' really intrusive'. He added: 'I note there are no objections from neighbouring householders but that's beside the point.' Having sought clarification from planning and legal officers, the DMC agreed to grant permission for the garage but refused permission for the fence. After the meeting a furious Mrs Gardner told the LDRS: ' A new appeal goes in tomorrow.' She added: 'The councillors took no notice of what the Scottish ministers said. They didn't even listen to the planning officer.' Referring to the councillors she said: 'They were making really personal remarks. Some of the comments were very personal. There's nothing wrong with the fence. 'I thought it was bullying. There was not one decision based on fact; it was all personal opinion they didn't even look at what the ministers said. Mrs Gardner said she had the support of surrounding neighbours who have told her the fence is better than the unkempt open ground there previously. As for the objection, 'Eliburn Community council didn't even discuss it, it was never on their agenda,' she added.
