NURSERY staff could be forced to repaint a fence, the colour of which was specifically chosen by the children, after a complaint from a single resident.

Cherrytrees Nursery, on Dunbar’s Abbey Road, painted the fence purple pansy last March.

But the nursery has now had to apply for retrospective planning permission for the fence, which is less than a metre tall, following a complaint from a member of the public.

The nursery falls within Dunbar’s conservation area, where strict rules apply regarding planning permission being required for changes to buildings and surroundings.

Stewart Bennet, managing director of the nursery, has now submitted a planning application, which is currently being considered by East Lothian Council.

The document says: “We didn’t realise that we had to apply for permission to paint the fence and can only apologise for that oversight.” Neighbouring properties to the nursery have also been contacted by the local authority for their thoughts on the plans.

Mr Bennet said: “I didn’t know that you had to put in for planning permission.

“It’s a children’s nursery and we were just trying to brighten it up.

“The kids like it and they chose the colour.” It is the latest property within the town’s conservation area to come under scrutiny from East Lothian Council’s planning department.

Previously, the former library, which is now home to Jacqui Burke Fashion School, came under fire from a member of the public because the building’s front door was painted bright pink.

The complaint stated that Jacqui – who has dressed singers Cher and Gloria Estefan – had spoiled the historic B-listed Castellau House.

Ultimately, she was told by the council the door could remain pink.

The issue was debated by the town’s community council before Christmas last year.

At that time, Herbert Coutts, community councillor, said: “I thought it was making a statement about the use of the building as it is used at the moment. After all, it is just paint and could be painted over should that use cease.” Regarding the nursery, Mr Coutts again felt there were bigger issues than the colour of a fence.

He said: “I would have thought that a purple fence on top of a wall which encloses a nursery for youngsters is hardly a hanging offence.

“It’s within the conservation area and that is why they have had to apply for retrospective planning permission.

“I would hope that they get it to bring a bit of colour to a somewhat subfusc scene in that wee bit of Dunbar.” A spokeswoman for East Lothian Council said: “The council has a statutory duty to investigate complaints from the public of alleged breaches of planning control and also a statutory duty to preserve or enhance the appearance of a conservation area.

“The council received a complaint from a member of the public of an alleged alteration to fence (repainting) at Cherrytrees Nursery within the conservation area and is proceeding with that case in the light of those statutory duties.”