Spared at last, the multi-storey Wendy house
Government overturns council’s ban
IT is a den fit for a princess and built by a l oving grandfather. But a Wendy house in an Edinburgh garden turned into a planning nightmare when council chiefs cl aimed it breached regulations and ordered i t to be knocked down.
Now, after nine months of formal appeals, the Scottish Government has stepped in and ruled that the playhouse can stay.
The decision has delighted Caroline and Jonathan Clark and their two children, Emily, eight, and six-year-old Charlie.
The house, built by the children’s 71- year- old grandfather John McIntyre two years ago, has become a much loved part of their Portobello home.
‘It was built for my daughter’s sixth birthday by my father,’ said Mrs Clark, 39, a civil servant.
‘It was not expensive. He got all the bits and pieces and knocked it up himself.
‘It was a retirement project,’ she explained. ‘It took six weeks or so to build – a lot of the neighbours helped us to do it.
‘He made it two storeys high. It did perhaps get a bit out of hand but the kids love it. They use it for tea parties.’
Mrs Clark added: ‘We got a letter from the council in January saying it had to come down because it needed planning permission. It’s just a Wendy house in our back garden, of course it didn’t need planning permission.
‘We wrote to them but we got an enforcement order in May. We appealed that – it really has gone through the full process.’
Council officials said the playhouse breached rules because it was too high and infringed access to other properties.
However, the Clarks’ appeal meant the final decision fell to Scottish Government reporter Michael Shiel.
In his report Mr Shiel said: ‘The building does not exceed four metres in overall height.’
In regard to the complaint that the Wendy house hinders others accessing their property, Mr Sheil said: ‘The fact that other persons may have the legal right to use this strip of land for similar purposes does not, in my view, alter the position that this strip of land is used for the comfortable enjoyment of the house and serves the purpose of that house in a reasonably useful way.’
He concluded there has been ‘no breach of planning control’.
Mrs Clark said: ‘We are absolutely delighted. Common sense does win out in the end. The kids are thrilled they will be able to keep it. We were dreading the day we’d have to knock it down.’
A City of Edinburgh Council spokesman said: ‘The council is aware of the decision made by the Scottish Government and accepts the outcome.’
‘We were dreading knocking it down’