And finally… no defence

A Dalkeith homeowner may be forced to dismantle a six-foot fence after enclosing a strip of public land beside their property.
Midlothian Council has refused a retrospective planning application seeking permission to turn the 21-metre-long, four-metre-wide strip of open space into private garden ground at a house on Kippielaw Walk. The council also referred the case to its enforcement team for further action.
Planning officers said allowing the fence to remain would create an “undesirable precedent” and harm the character of the local area.
They wrote: “This area of public open space makes a valuable contribution to the visual amenity of the housing estate, forming an attractive entrance to the cul-de-sac.
“As erected and hard up to the boundary, the fence is highly visible and a stark, out-of-keeping feature that detracts from the overall appearance of the area.”
Officers warned that approving the proposal could encourage other residents to fence off public land, leading to “further degradation of the character and appearance of the area”.
The council’s roads manager also raised safety concerns, saying the fence could restrict drivers’ visibility.
While the homeowner’s plans also included a rear extension, planners had no objections to that part of the proposal — but it was rejected alongside the fence and land-use change.
The report concluded by recommending the council “refuse planning permission on the basis of the change of use and fence, and refer the matter to the enforcement section for appropriate action”.