A FATHER who built his daughters a surprise tree house has been ordered to tear it down.

Tim Sparkes, of Marks Tey, was left gobsmacked after planning officers at Colchester Council said the wooden structure, which has a slide, swings and a balcony, could not remain because it overlooks a neighbour’s garden.

He has until tomorrow to remove the tree house, which sits in his neighbour’s back garden, after the council issued an enforcement notice.

Mr Sparkes, of Norman Close, said: “Sadly there will be only two real victims in this situation, my two girls who are both very upset and confused as to why there playhouse has to be removed.”

Mr Sparkes built the tree house in August last year as a surprise for his daughters Louise, ten, and Sophie, five, and also for his neighbour’s grandchildren to play in.

He said during the four day build he spoke to other neighbours about the build and did not have any complaints.

But six months later he was told by Colchester Council the structure needed planning permission as it overlooked a neighbour’s garden.

Although he applied retrospectively, Mr Sparkes was told anything which overlooked a neighbour, such as the tree house’s balcony, was not allowed.

Wooden boards have been put up to stop Mr Sparkes’s daughters from looking across but it was not enough.

He said: “I was stunned by this piece of news and pointed out that nine out of ten raised tree houses for sale don’t meet that criteria.

“I am, of course, a law abiding citizen, and will conform with the wishes of the council.

“But I find it hard to believe that there is no common sense left.

“I want to bring attention to other good fathers out there wanting to please their children and trying avoid great disappointment and large costs.”

Mr Sparkes is now considering putting the tree house on the floor so it would not have a raised balcony, but he does not know if he will be able to take it apart without ruining it as he made it from scratch.

He added: “I’m still in a bit of a quandary about what to do.”

A spokesman for Colchester Council said it had no choice but to issue an enforcement notice to tear down the structure.

He said: “In this instance the tree house has been erected without planning permission outside of the accepted limits of permitted development.

“The result of the construction is a tree house with balcony and rope swing that have an overlooking effect on neighbouring rear gardens.

“It is considered this proposal has been designed contrary to the development policies of Colchester Council and was, therefore, refused.”