£3,000 fence must go

A COUPLE from Hailsham thought the worst was over when they paid 3,000 to enclose their garden to stop their dogs running wild.

Little did Sarah Barry and Tony Burnipp know enclosing their garden with a fence to secure the dogs would lead them into more difficulties.

Wealden District Council want the fence removed it measures about three feet in height and encloses their side garden because they did not seek planning permission. The couple, who live in Woodpecker Drive, are now appealling against the decision.

Sarah said: 'We rang Land Registry because we weren't sure if we needed planning permission to put the fence up. The man I spoke to said we wouldn't need permission for a fence under four feet. We spent a long time looking for something suitable and we've had lots of positive comments about it since it went up.

'Neighbours who pass our property comment how much nicer the area looks and what a difference it makes to see the area maintained.'

Tony added: 'We used to have problems with children using the basketball hoop on the side of the garden in the morning, which would wake me because I work nights. The garden is safe for our nephews and nieces to play in now and we don't have to be concerned about them running out into the middle of the road, where many boy racers go up and down.'

Over a year ago the couple had to go to court because their two pit bull terriers escaped out of the house into their open plan garden to chase a cat.

Tony said: 'The cat ended up with serious injuries and had to be put down. I took it to the vets but we were brought to court to account for the two dogs' actions and faced the prospect of having Kaz and Leia destroyed.'

The court ordered the couple to secure their property enough to prevent a similar incident happening in the future. After Sarah and Tony had the fence erected they went back to the court to seek approval that the dogs were secure and the case was closed.

Expecting baby

If the couple are required to pull down the fence they could face a return to court, and with Sarah due to give birth in two weeks it is not a prospect they are looking forward to.

Tony said: 'We're stuck, we need the fence otherwise we may be brought back to court, but if we leave it up the council will make us pull it down.'

A spokesperson for Wealden District Council said: 'Putting a fence up around the property is against their deeds. The area is open plan and it shall remain so.'