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Homeowner's fence application denied due to rejection of hedgehog-friendly modifications

Council foregoes fence installation due to absence of mandatory hedgehog burrow provisions, as stated in Midlothian Council's rejection of the application.

Homeowner Denied Fencing Approval for Failure to Incorporate Hedgehog habitats
Homeowner Denied Fencing Approval for Failure to Incorporate Hedgehog habitats

Homeowner's fence application denied due to rejection of hedgehog-friendly modifications

In a unique turn of events, a woman named Ms. Gibson from Scotland has had her planning application rejected due to her refusal to install hedgehog holes in her new fence.

Ms. Gibson, who already has a small dog and has previously had hedgehogs in her garden, was initially under the impression that her new 1.8m high fence would fall under permitted development rights. However, when she came to submit her planning application, she was informed that it is now "standard practice" to install hedgehog holes in new fencing, as per the council's interest in promoting biodiversity.

The council, citing policies 14 and 16 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017, stated that the new fence is contrary to policies promoting biodiversity solutions, rural revitalization, protecting amenity within the built-up area, and could set a precedent for further degradation of the area's character and appearance.

Ms. Gibson, however, expressed concerns about her small dog escaping if a hole was made in the fence. She had previously had hedgehogs in her garden and did not want to risk her pet's safety.

Simon Rix, a professional planning consultant who worked in local government in the 1990s and now runs Planix.UK Planning Consultants Ltd, has weighed in on the situation. He noted that while hedgehog holes are not legally required for planning applications for new fences, the council does have the power to insist on them if deemed necessary in areas where hedgehogs are known to be present.

Despite her concerns, Ms. Gibson refused to install hedgehog holes in her new fence. As a result, her planning application was rejected. It is important to note that the rejection of Ms. Gibson's planning application is due to her refusal to install hedgehog holes, not any other reason.

The Scottish Borders region, interestingly, has a different standard practice. Instead of hedgehog holes, they require hill pipes (Hügelröhren) in new fences.

Ms. Gibson was later informed that planning permission was required because the boundary of the fence had been changed. She was given the option to appeal the decision, but as of now, she is left with a rejected planning application and a fence that may not be compliant with the council's standards.

This case serves as a reminder for homeowners to check with their local council before making any significant changes to their property, especially when it comes to boundaries and wildlife protection measures.

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