Published: Thursday, 13th December, 2007 09:30
High 'tension' over garden decking row
Print Article
A BITTER dispute between neighbours over garden decking laid without planning permission could end up in court, East Lothian’s planning committee has been told.
Stuart Henderson’s decision to install the decking outside his first floor flat at No. 3 East Road provoked a furious reaction from downstairs neighbours Michael Galloway and Ruth Ferguson at No. 5.
In letters to the council, they claimed the decking – just millimetres away from their dining room window in the converted Victorian stone villa – has resulted in loss of privacy, put people at risk from falling through their dining room’s non-reinforced glass, hindered maintenance of their property, as well as making it more vulnerable to crime.
Some of the decking has already been partially laid 0.8 metres above ground level on a narrow strip of land owned by Mr Henderson at the side of the building. He also intends to build steps and a handrail.
Committee members voted 9-3 to grant retrospective planning consent following a site visit.
Councillor Ludovic Broun-Lindsay (Haddington and Lammermuir) said: “The tension between the applicant and the objectors was palpable. I feel that whichever way this goes there will be recourse to the law courts.”
Environment director Pete Collins had recommended the application be granted.
In a report, he pointed out that the dining room of the ground floor flat had until recently been a bathroom with a frosted glass window.
He said property maintenance and safety of persons using the decking were not material planning considerations.
‘Danger to children’
Councillor Norman Hampshire, who was planning convenor under the old Labour administration, called for the application to be rejected.
He said: “We have no control over what he (Mr Henderson) puts on that platform and the privacy would not be very good for the people below.
“The (dining room) window is not reinforced glass like that used in doors and there there is the danger that a child could fall through it.”
Planning convenor, Councillor Barry Turner, admitted: “I am a little uneasy about the recommendation to accept this.
“There will be an impact on the amenity and privacy of people living in the lower flat. I don’t feel I can support the officials on this.”
Local councillor, Stuart MacKinnon, said: “This is a very difficult one. I’ve got great sympathy for both the applicant and the objector.”
Mr Galloway, an Edinburgh-based investment analyst, bought his flat two years ago.
He told the Courier: “We are outraged by this decision. Commonsense has not prevailed.
“I was repeatedly told by planning officers over a six-week period there was no way this application would be passed.
“I have since heard that their line manager ordered a u-turn on this in order to prevent the council being exposed to legal costs in the event of the application failing and the applicant launching an appeal,” he claimed.
“As an objector, I do not have any right of appeal to the council, but I now am consulting an independent planning consultant to see if there is a legal case for objection.
“We can’t understand how the council can now say that this structure does not affect our amenity and quality of life.”
Mr Henderson could not be reached for comment.
Del.icio.us
Digg
Facebook
Reddit
Stumbleupon
Honoured by Her Majesty