A Dundee restaurant boss who has been ordered to remove a new fence and gates at his home claims the old railing could kill someone.
Kirpal Chima and wife Santosh have appealed a decision by Dundee City Council to remove fencing at the front of their West End home.
Kirpal, who runs Bombay Joe’s in Broughty Ferry, says he spent £20,000 installing the fence eight months ago.
The couple also added a gate at the existing entrance steps to the house.
They later applied for retrospective planning permission for a 10-metre-wide, 1.6-metre-tall fence across their front garden on Farington Street.
However, Dundee City Council refused permission and ordered Santosh and Kirpal to remove the fencing and gate.
The residents insist the fence is needed to stop their young grandchildren falling onto the pavement, or being “impaled” by the existing shorter metal fence.
Dundee couple ‘shocked’ as council orders fence removal
Kirpal, 62, told The Courier: “We have done this for our grandchildren because they are three, two and one and are crawling outside.
“My oldest grandson fell earlier this year and that is when we decided to do it, he was going to fall onto the fence but we caught him.
“The fence has been up for eight months.
“One of the neighbours did object at first but they have since moved.
“We have been here more than 25 years and the neighbours across the road from us have said they would even sign a petition to help us keep it.
“I was shocked when the council told us to remove it, I was totally shocked.
“I have even got a friend who works for the council and he said he has never seen something like this before for a fence.
“If we lived around the corner it would be fine, we would be allowed it no problem, but it is because this is a conservation area.
Dundee restaurant owner ‘willing to do anything’ to keep fence and gate
“From the appeal, I am hoping we get to keep the fence or I will take it a step further, I will contact our MSP.
“I am willing to do anything to keep it.
“We have already seen how it keeps our grandchildren safe.”
Santosh, a retired healthcare manager, and Kirpal have appealed the decision to the Scottish Government.
The appellants wrote: “We acknowledge that the original railing is in keeping with the character of the neighbourhood.
“In implementing our solution, we were careful to preserve the original railing and chose not to remove it.”
Council says fencing is ‘detrimental’ to character of West End street
In its report, Dundee City Council said the structure was “detrimental to the character and environmental quality of the house and surrounding area.”
The local authority suggested hedging at the boundary could be used as an alternative, though Santosh and Kirpal claim there would still be a safety risk.
They said: “In answer to the point that a hedge can be erected, this would need time to grow and the health and safety risk would still exist.
“In comparison to our immediate neighbours, our risk of impaling onto railings because of a trip/fall and causing serious injury and/or even a fatality is much higher.”
The council’s original decision said: “The addition of hedging to the front boundary, works to alter the form of the front garden or addition of alternative measures to reduce the risk of accidents could be considered.
“As erected the fence and gates detract from the historic character of Farington Street and are not in a position to be supported.”
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