Couple's £3,000 Battle with Council Over 'Ugly' Fence at Luxury Home
A couple residing in an affluent Dorset suburb are embroiled in a costly dispute with their local council, facing an order to dismantle a 6.5ft garden fence that officials have labelled as ugly and "out of character" for the prestigious area.
The Dispute Over Permitted Development
Paul and Lisa Toomer, owners of a £1.15 million property near Poole's exclusive Parkstone Golf Club, erected the two-metre wooden barrier five years after purchasing their home. Their decision was driven by a notable increase in attempted burglaries in the vicinity and a pressing need for privacy, following the construction of a new house that they claim directly overlooks their garden.
The Toomers initially believed they were operating within permitted development rules. However, they were subsequently informed by BCP Council officials that fences bordering a highway are restricted to a height of one metre, or approximately 3.2 feet. The council instructed the couple to apply for retrospective planning permission.
Council's Rejection and Enforcement Actions
Despite complying with the directive and receiving no public objections, the council ultimately rejected their application. The planning officer stated that the timber structure was "out of character" for the area, as other properties rely on "dense tree cover" to form the rear boundaries.
The officer elaborated, "The fencing is clearly visible along this stretch of street and appears prominent due to the height, use of materials and colour and is highly dominant against the background of the trees. There are no other similar examples of fencing within this stretch of the streetscene and the proposal is therefore visually dominant and not reflective of the character in an area where hard landscaping is limited." They concluded it was "materially harmful to the character and appearance of the street scene."
The Toomers appealed this decision but were unsuccessful. They have since been issued with enforcement notices, which they have also appealed. If these appeals are upheld, they will be forced to either remove the fence entirely or reduce it to one metre—a measure they argue would be pointless, offering neither privacy nor security.
Couple's Financial and Emotional Toll
The couple report having already spent nearly £3,000 in their battle against what they describe as the council's "witch hunt." Mrs. Toomer, 51, recounted, "The first we knew about the problem was we were on holiday and spoke to some guy from the council over our doorbell. It's a normal, wooden fence, just under two metres. But they said because it borders a highway it's not covered by permitted development and said we must have retrospective planning permission."
She continued, "So we applied, but even though it's already there they said photographs weren't enough, they needed proper architectural drawings with scale and measurements on it so we had to pay someone several hundred pounds to do that and then they said it was likely to get refused. It's just a normal garden fence, but they said it's not in keeping, it's ugly, it's completely out of character."
Mr. Toomer, a 60-year-old scuba diving instructor, added, "Their argument is because it borders a highway it must not be higher than one metre tall, but if you look in the surrounding area there are many fences that are higher than one metre and border a highway. It's funny because the council put these up all over the place and all the council fences look exactly the same as ours."
Privacy and Security Concerns
The couple emphasised their motivations for the fence, citing both privacy and security. Mr. Toomer explained, "The house that has been built behind us, they could now gaze directly into our property. All I want is privacy and security. There have been a few attempted burglaries in the area. I want to protect my wife and son."
He also noted the previous state of the boundary, saying, "Before it was ugly, gnarly bushes. It was unkempt wilderness and the remainders of a wire fence that looked ghastly. We had tree surgeons in and they removed everything that was dead - with the correct planning permissions from the council."
Regarding potential improvements, Mr. Toomer mentioned, "I was going to paint the fence and put creepers and plants on it so it would be more hidden and camouflaged but I'm not going to spend any more money if I might have to tear it down. So it's just been left like that for a year."
Awaiting the Appeal Decision
A date for the appeal decision on the enforcement notices has not yet been set. The outcome will determine whether the Toomers must comply with the council's demands, potentially rendering their £3,000 investment and efforts futile, or if they can retain the fence that they argue is essential for their family's safety and privacy in their luxury home.
