Nottinghamshire dad willing to be arrested over 'too high' fence

A father says he is willing to get arrested to keep his daughter safe after losing an appeal to keep a fence deemed too high by a council.

Cliff and Dawn, from Edwinstowe, Nottinghamshire, installed the 1.82m (6ft) fence for their 10-year-old daughter Tiona-Jai, who is autistic.

But a neighbour's complaint prompted Newark and Sherwood District Council to step in, ordering them to take it down.

A further appeal was rejected by the planning inspectorate.

In a letter seen by the BBC, a children's consultant at King's Mill Hospital gave their support for keeping the fence during the appeal process.

Dr Jeanette Derbyshire said Tiona-Jai had a "tendency to climb" and a suitable outdoor space for a child with autism was "important" in order to keep them safe.

The couple have urged Levelling Up Secretary Michael Gove to allow the law to be more flexible in planning matters related to children with disabilities.

Speaking to BBC Radio Nottingham, Cliff said: "I'm standing my ground - my daughter's safety comes first.

"It's purely for safety reasons, it is nothing to do with cosmetic looks and it's all to do with keeping our daughter safe and a place to play.

"We were given nine months to remove the fence, otherwise it would be court action - who knows what February will bring.

"If they do come to take it down, it is not going to happen - I'm standing my ground. My daughter's safety comes first. I'll get arrested for it, I'm not bothered.

"I've never had a criminal record but if it comes to that, so be it. I'm getting one for a good reason."

Nottinghamshire County Council councillor Scott Carlton wrote the letter to Mr Gove on the family's behalf and said "common sense needs to be applied".

Lisa Hughes, business manager for planning at Newark and Sherwood District Council, said the local authority had a "duty to investigate" a complaint and deemed the fence was too high.

The council said an enforcement notice was issued to lower the fence to one metre (3.2ft).

"We can't go into specific detail regarding the case itself however we did follow the appropriate planning rules and law when investigating this case," Ms Hughes said.

"This is obviously a difficult and emotional case. We wanted to help the applicant and have offered alternative solutions, which have been supported by the Planning Inspector, but unfortunately these have thus far been turned down by the applicant.

"We're sorry to hear the applicant is frustrated by this decision but we are still open to working with them to find an alternative if possible."

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