A FAMILY has been battling with planning officers after they incurred the wrath of neighbours when they put up a garden fence.

Annette and Kamal Khan have lived in Hawfinch Road, Layer-de-la-Haye, since 1990.

In the summer they put up a regular six-foot panel fence along the land boundary in their back garden replacing a previous fence.

However, the council received a complaint from a neighbour and the planning team have now told the couple they need to take the fence down.

Trey Khan, Annette and Kamal’s son, said there used to be a fence when they first built their house, and said they were simply bringing it back to its original state.

He said: “When my parents bought the home there was a 6ft panel fence but it was really tattered.

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“We had the option to build a brick wall or replace the fence. The council said we could build the wall but it would have to be brought in one metre from the land boundary, which we did.

“Over time the bricks crumbled so we replaced the wall with a fence the same as the one which was there before.

“It’s exactly the same height as all our neighbours.”

He said as his parents are both in their 70s, they do not need the added stress.

But a spokesman for Colchester Council said the “unauthorised” fence was installed without seeking planning advice or permission.

He said: “It resulted in complaints from members of the public, which our planning enforcement officers investigated.

“They felt the fence was unacceptable in planning terms and, after attempts failed to resolve the matter amicably, senior officers authorised the serving of a formal enforcement notice requiring the removal of the fence.

“The notice was contested earlier this year, after Mr Kahn made an appeal to the independent Planning Inspectorate acting on behalf of the Secretary of State.”

The inspector’s report said the development was unacceptable and must be removed.

It said: “The fence which has been erected appears unacceptably dominating and intrusive within the street scene.

“The opportunities for any significant landscaping on the outside of the fence are non-existent or, at best, severely limited.

“There appears to be little scope to mitigate its intrusive visual impact. The erection of this boundary enclosure demonstrates how the introduction of inappropriate fencing or enclosures can degrade the environment.”

The council spokesman added: “Where concerns are raised by members of the public, the council has a clear duty to investigate them.

“Whilst we tried to work with Mr Khan, we also had a duty to act in the wider public interest.

"Only relevant planning requirements were taken into account.”