Scottish Government to resolve row over village-dividing fence

Planning and environmental appeals division to rule on attempt by homeowner to keep contentious fence

The Scottish Government has been asked to decide the fate of a garden fence that has divided a tiny Perthshire village.

William Torrance installed the wooden barrier at the bottom of his garden in Balnaguard, near Pitlochry. But he was told it blocked off a well-trodden path used by residents and dog walkers.

Perth and Kinross Council refused to grant planning consent retrospectively for the structure, after complaints from locals.

Mr Torrance has lodged an appeal with the Scottish Government, urging ministers to overturn the decision made by local councillors in February.

In paperwork submitted to officials, agents for Mr Torrance revealed he was prompted to fence off his garden after an accident last summer.

A spokesman for solicitors Graham and Sibald said: “In May 2017, a member of the public was injured after a fall on the land to the south-east of the property, where it drops steeply from west to east beyond the car parking space. The appellant (Mr Torrance) was criticised by the injured party for not having the land fenced off or signposted. There have also been instances of vehicles and cattle attempting to climb up the slope.”

He added: “The proposed development is required in order to improve the amenity and privacy of Mr Torrance’s property. It was also prompted by safety concerns relating to the steep slope on the south-east side.

“The site is not listed as a core path or public right of way. Public access through Balnaguard will be unaffected by the development due to the availability of an alternative route immediately to the west and north of the site.”

Six locals had complained to the council about the fence. Objector Barbara Somerville told councillors in February: “The removal of the pathway takes away the only pedestrian route from the east to the west of the village.

“The village is not asking for the applicant to give something to the community but, rather, not take it away.”

The Scottish Government’s planning and environmental appeals division expects to rule on the appeal by the end of next month.

“The village is not asking for the applicant to give something to the community but, rather, not take it away