Couple Criticises Council Over Fence Removal Order for Autistic Son's Safety
A family in Hallow, Worcestershire, has expressed frustration after Malvern Hills District Council ordered them to dismantle a £3,000 garden fence, citing it is 78 centimetres too tall. Ian Buswell and his wife Bethany installed the 5.8-foot (1.78-metre) barrier to safeguard their six-year-old autistic son, Louis, who has a tendency to climb and dart toward the busy road.
Replacing a Hazardous Hedge with a Secure Fence
The couple explained they erected the fence to replace a 16-foot (4.8-metre) hedge that the council had previously requested they trim for health and safety reasons. Bethany, 38, a finance analyst for West Mercia Police, stated, "We were simply taking something down and replacing it with a 6-foot fence. We thought we were doing them a favour." The hedge had encroached onto the pavement, obstructing visibility and posing risks to schoolchildren.
After investing £3,000 in the new fence, designed without easily scalable horizontal slats to prevent climbing, the couple was surprised to receive a planning application requirement in September following a single objection. The council later refused the application and two appeals, arguing the fence exceeds permitted height limits and disrupts Hallow's "village-like character."
Safety Concerns Versus Planning Regulations
Bethany emphasised the critical need for the fence's height due to their son's autism and ADHD, noting he has escaped onto the road twice in 18 months. "I just want my son to play outside this summer without risking him. That's our main drive," she said. The couple also highlighted that neighbours have thanked them for improving safety by creating more space on the narrow pathway.
Ian, 66, who runs a local car dealership, pointed out inconsistencies, stating, "There are numerous other houses with this height in wooden fences. There are about seven of them." He added that the fence was set back 1.5 metres from the boundary to allow ample room and expressed confusion over the enforcement, saying, "It's cost us a lot of money to put this fence up. I don't understand why we need to tear it down if we're doing something to make everyone's safety so much better."
Council's Stance and Ongoing Investigation
In a refusal notice dated 9 February, the council acknowledged comparable fences in the village but maintained the Buswells' boundary is "prominent in the street scene" and affects the area's character. A council representative declined to comment in detail, citing an active planning enforcement investigation.
The couple, who moved into their "forever home" in August 2024 after renovations, now face the prospect of removing the fence unless a resolution is reached. They argue the decision seems "petty" and fails to consider their child's safety needs, with Bethany concluding, "If I can't secure the property, I can't theoretically live here."
