I’ve been ordered to tear down my privacy fence as it’s 82cm too tall – I'll be arrested before I follow council demands | The Sun
A DAD embroiled in a fence row after it was deemed too tall says he is willing to be arrested over it.
Cliff installed the 1.82m barrier around his garden in Edwinstowe, Notts, to keep autistic daughter Tiona-Jai, 10, safe.
But when a neighbour complained it was 82 cm too high, Newark and Sherwood District Council ordered it be torn down.
A further appeal was rejected by the planning inspectorate and Cliff was given nine months to lower the six foot wall to just one metre.
Speaking to BBC Radio Nottingham, he said: "If they do come to take it down, it is not going to happen – I'm standing my ground.
"My daughter's safety comes first. I'll get arrested for it, I'm not bothered."
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Cliff's daughter's autism means she has a "tendency to climb", according to children's consultant Dr Jeanette Derbyshire of King's Mill Hospital.
In a letter seen by the BBC, Dr Derbyshire said outdoor space was "important" for kids with autism.
Nottinghamshire County Council councillor Scott Carlton sided with Cliff and his wife Dawn amid the row.
In a letter to Levelling Up Secretary Michael Gove on behalf of the family, he demanded "common sense needs to be applied" in such cases.
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And Cliff says planning laws need to show more flexibility to accommodate the needs of children with disabilities.
Newark and Sherwood District Council said they had a "duty to investigate" a complaint and deemed the fence was too high.
Lisa Hughes, business manager for planning at the council, added: "We can't go into specific detail regarding the case itself however we did follow the appropriate planning rules and law when investigating this case.
"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 thus far been turned down by the applicant.
"We're sorry to hear the applicant is frustrated by this decision but we are still open to working with them to find an alternative if possible."
How high can a garden fence be?
The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours'.
A garden fence can be as high as 100m but you need to get planning permission if it's over than 2m.
However, there are some complications to this.
If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission for putting a trellis on a fence of 2m.
But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant.
It comes as Mark Roberts is battling his council after they ordered him to tear his wall down – despite the council's wall allegedly being the same height.
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