A Dundee resident has accused the local council of taking him to the “ends of the earth” in a bid to remove unauthorised decking from his garden.
Kinghorne Road resident Lindsay Watson has been ordered by Dundee City Council to remove decking he installed in his back garden following concerns it had a “detrimental effect” on the house next door.
Councillors at a planning committee meeting on Monday heard how the installation was in breach of planning regulations.
A report which went before the committee detailed how the decking is of a height and in a location which meant it was “overlooking” the property next door.
This, the report said, had sparked complaints from members of the public.
Enforcement notice served
Council officials subsequently served Mr Watson with an enforcement notice in June 2023.
This required him to remove the frame and decking boards which exceed 0.5 metres in height above the natural ground level.
However despite the notice period ending on September 1, the decking remains in place.
At Monday’s committee meeting councillors unanimously agreed to authorise direct action to allow the local authority to remove the decking.
The committee report detailed that officers estimate this could cost in the region of £9,000 – with the bill being footed by the homeowner.
Speaking to The Courier following the decision, Mr Watson accused the council of being “heavy handed” in their approach.
The 65-year-old also question why other alleged planning breaches – including the demolition of the Wallace Craigie Works on Broughty Ferry Road – have seemingly gone unpunished.
A criminal investigation was launched in the months after the building was demolished in 2018 but no charges were brought forward.
Mr Watson said: “The issue is with the decking at the bottom of the garden.
“I’ve always been prepared to take it down and do what needs to be done but I’m almost making a point.
“There was the listed building on Broughty Ferry Road that was knocked down and there was a hoo-ha about that.
“They said they would be dealing with it but they haven’t done a thing.
“So you’ve got these high profile cases that they’ve nothing about but because my decking is two inches too high, you’re going to take me to the ends of the earth to get it reduced.”
He added: “The public interest was mentioned at the meeting but I’m sure there won’t be a lot of people in Dundee interested if my decking is too high.
“We are just trying to make use of our own garden.”
‘Ample opportunity’ to remove decking
Speaking at Monday’s meeting, council officers said action was only being taken as the decking at Mr Watson’s property breaks planning regulations.
Head of Planning & Economic Development, Gregor Hamilton said: “We are confident, having visited the site on multiple occasions, that there are elements of the structure that are in breach of planning control.
“That’s why the enforcement notice was served, the applicant had an opportunity to challenge that enforcement notice but didn’t.
“There has been ample opportunity to remove those elements of the deck but they have not been removed – hence the regrettable decision to bring this report to committee this evening.”
Mr Watson said he had no plans to appeal the committee’s decision and would remove the offending decking himself.
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