Homeowner furious after being told to take down fence protecting her garden from dog mess

A homeowner has been left furious after councillors ordered her to tear down a fence she says was protecting her family from litter, dog fowling and drunk intruders.

Dawn Gardner erected the 1.8m wooden fence beside her property in Livingston after repeated issues with public misuse of the land she owns.

But despite owning the plot and receiving no objections from nearby neighbours, planning permission was rejected due to the fence's visual impact.

Fence installed for security and hygiene

Dawn Gardner erected a 1.8-metre wooden fence along the north-west boundary of her property. The fence was intended to stop ongoing dog fouling, littering and people using her garden as a shortcut.

The fence was designed to blend with the area - stepping down to 1.15m near a roundabout and visitor parking – and was positioned away from the footpath to ensure no visibility or safety issues.

Planning officials confirmed that the fencing had no adverse impact on neighbours and caused no road safety concerns.

A planning report stated: “There are no implications in terms of access to light, overshadowing, physical impact or privacy… Timber fencing is a common boundary treatment in the area.”

Why did the council reject the application?

Despite these findings, West Lothian Council’s Development Management Committee (DMC) refused planning permission for the fence, arguing that it harmed the “visual amenity” of the area.

Mrs Gardner had partially won an appeal to the Scottish Government last year, which accepted the land was hers and required her to submit a retrospective application.

Councillors rejected planning permission for the fence while granting permission for a garage also included in the application. Some councillors criticised the fence's appearance, with Councillor George Paul calling the finish “poor” and Councillor Pauline Stafford saying the height “detracts from the streetscape”.

The local Eliburn Community Council also objected, saying the fence encroached on open space that should be preserved. Parish Councillor Stephen Egan claimed: “It breaches numerous policies… this land was supposed to remain as amenity landscaping.”

‘They ignored everything we said’

Mrs Gardner said she felt blindsided by the decision and accused councillors of ignoring both her concerns and the Scottish Government’s earlier ruling.

“From all that West Lothian Council asked us to do and what they did in return – it’s a massive letdown,” she said. “They took no notice of what the ministers said. There was nobody there to represent us, so our voices weren’t heard.”

She said the fence was put up after she and her husband, Sacha, endured repeated antisocial behaviour. She said: “People were urinating against our garden wall. I was picking up dog mess daily. How many councillors would like that at their back door?”

She also pointed out that similar fences exist elsewhere on the estate and that her neighbours supported the installation.

Gardner added: “I have not done anything wrong. If they had walked around the estate, they’d have seen fences just like this.”

Mrs Gardner plans to appeal the council’s decision again, saying: “It was dismissed in six minutes. That is not a valid reason. They’re more worried about the colour of the fence than our safety.”