Council Demands Fence Removal Over Height Violation in Safety Dispute
A family in Hallow, Worcestershire, has been ordered by Malvern Hills District Council to tear down their garden fence after it was found to be 78 centimetres too tall, despite the couple installing it to safeguard their autistic son. Ian and Bethany Buswell spent £3,000 on the 1.78-metre fence to replace a 4.8-metre hedge that the council had previously requested they trim for health and safety reasons.
Safety Concerns Drive Fence Installation
The Buswells, parents to six-year-old Louis, who has autism and ADHD, explained that the fence was designed without horizontal slats to prevent climbing, addressing their son's tendency to bolt towards the adjacent busy road. Bethany Buswell, 38, a finance analyst for West Mercia Police, stated, "Our son has gotten onto the road twice in 18 months. We need this fence to keep him safe and allow our children to play in the garden without risk." The couple argued that the fence also improves safety for schoolchildren by widening a narrow pathway where kids previously brushed against the overgrown hedge.
Planning Permission Rejection and Appeals
In September, the couple received a letter requiring a planning application for the fence following a single complaint. The council rejected their plans and two subsequent appeals, citing that the unfinished fencing does not align with Hallow's "village-like character" and is too prominent in the street scene. Ian Buswell, 66, who runs a local car dealership, expressed frustration, saying, "There are numerous other houses with similar-height wooden fences in the village. One complaint has caused this upheaval, and it seems petty when we're enhancing safety for everyone."
Community Support and Council Stance
Neighbours have reportedly thanked the Buswells for the fence, noting improved safety for pedestrians. However, the council maintains its position, with a spokesperson indicating they cannot comment in detail due to an ongoing planning enforcement investigation. The couple has highlighted that they moved the fence back 1.5 metres from the boundary to provide ample space, but the council insists on compliance with height regulations.
This case underscores tensions between individual safety needs and local planning policies, with the family now facing the costly prospect of dismantling their fence unless a resolution is reached.
