A couple have been ordered to tear down their garden decking after they built it without permission.
Jessica and Stuart Little erected the timber structure and fence outside their bungalow in Tarbert, Argyll.
The fence, which replaced a rusty metal one, was put up amid safety fears for their children and dog from the busy A83.
They claimed they did not know they needed to seek planning permission before they made the changes.
But they were hit with a notice by Argyll and Bute Council who said the ‘prominent’ structure had an ‘unacceptable and harmful effect’ on the local conservation area.
The council said the decking area and the fence had to be removed.
The couple turned to the Scottish Government in a bid to overturn the decision but they said the decking will have to come down.
Jessica and Stuart Little erected the timber structure and fence outside their bungalow in Tarbert, Argyll
The Littles’ appeal said: ‘The fence was erected to replace an old, rusty fence on top of the existing wall.
‘We assumed it was acceptable as a similar fence exists two doors up and we did not realise permission was needed especially given the safety concerns for our children and dog on a busy road.
‘We believed we had permission for the decking, as it replaced an existing structure, and we had prior permissions for other extensions.
‘Our house is opposite an industrial estate and behind four industrial sheds.
‘The decking and fence have not harmed the area’s character. It seems unreasonable to consider our property within a conservation area while excluding the industrial surroundings.’
The council told the couple: ‘By virtue of its prominent sitting, design, material and scale the decked platform and fencing has an unacceptable and harmful effect on the character and appearance of the surrounding area.
‘The scale of the raised platform and fencing is amplified by the raised ground levels of the site, and is an overbearing feature on the surrounding streetscape.’
Reporter Rosie Leven said: ‘I find that there is no lesser step than removing the decking and fencing that would remedy the breach.
‘As a result, I consider that the removal of the fence and decking would not be excessive to remedy the breach and the appeal fails.’
