Ian Buswell and his wife Bethany put up a fence around their home to protect their son, 6, who has autism – but the council rejected their application
15:54, 13 Feb 2026Updated 15:56, 13 Feb 2026
Ian Buswell and his wife Bethany outside their home(Image: SWNS)
A couple have hit out at what they describe as “petty” council officials after being told to take down their garden fence because it stands just 78cm too tall. Ian Buswell and his wife Bethany put up the 5.8 foot fence surrounding their property in the village of Hallow, Worcestershire to ensure the safety of their six-year-old autistic son Louis.
The pair say they were simply replacing a 16 foot hedge that the council had previously instructed them to cut back for health and safety purposes. They chose to spend £3,000 installing a more modest fence around their detached home to maintain security after planting a hedge along the main road.
However, the couple were taken aback when a letter arrived in September requiring them to apply for planning permission for their new fence after receiving just one complaint. Malvern Hills District Council then turned down the application and two subsequent appeals, arguing the incomplete fencing exceeded the permitted height by 78cm and was incompatible with Hallow’s ‘village-like character’.
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The couple were told their fence is a ’78cm too tall’ (Image: SWNS)
“We bought the house in April 2024 and we didn’t move in until the end of August due to renovations,” said mum-of-two Bethany, 38. “During that time we’d been approached by highways and the local parish council to ask us to support in cutting back the hedge as it was encroaching onto the pavement.
“It just took up the whole view, the car bonnet was on the road before you could see up the road it was that thick. It was 15 or 16 foot high, we were simply taking something down and replacing it with a 6 foot fence. We thought we were doing them a favour.
“Because the pathway was so narrow on the front, it was for the safety of the school children, too, as they were brushing up against it. Removing it also helped us exit the property safely.
“But when we got the materials for the fence, a man from the parish council said we couldn’t put a fence there, and he said we need planning permission for it.
“We brought the fence back a metre-and-a-half, he came back a few days later and said the council had a meeting and said we could do it. But now that doesn’t appear the case and it all seems rather petty.”
The couple put up the fence for the safety of their son(Image: SWNS)
The couple’s son has autism, which means he has a tendency to climb and run towards the busy road nearby. The six foot barrier has been specifically constructed without horizontal slats to make any potential escape attempt more challenging.
Bethany, who is employed as a finance analyst with West Mercia Police, explained: “The need for the height was for my son. Our son has got onto the road twice in 18 months. We’ve strategically designed the back of the fence so that he can’t climb up it.
“We’re so fortunate each time he’s got out the car has stopped, he thinks it’s funny because he has ADHD. That’s the issue. I just want my son to play outside this summer without risking him. That’s our main drive.
“We bought this house as our forever home, we’ve moved into this village. If I can’t secure the property, I can’t theoretically live here. We need the children to play in the garden – they’re just kids.
“There’s a small gap on the side of our prop that he’s managed to creep out of before, so it’s essential he can’t climb up it or get through it. A metre high fence wouldn’t stop him.
“Because the pathway was so narrow, it was also for the safety of the school children. Neighbours have thanked us as the kids were struggling to get by. Everyone other than the council has been extremely pleased with what we’ve done.”
The property is on a busy road(Image: SWNS)
In the latest application refusal on February 9, the council cited concerns over the “character and appeal” of the property as the primary issues.
The authority argued that the “village-like character” would be compromised by the fence, and whilst acknowledging similar-sized fences exist elsewhere in the village, they maintained the couple’s boundary is “prominent in the street scene”.
Ian, 66, who operates a car dealership in the village, commented: “They haven’t given us chance to finish it, it just looks like brand new timber on the front of the house.
“Had we been allowed to finish it with the hedge in front of it, I’m sure no one would have complained. There are numerous other houses with this height in wooden fences. There’s about seven of them.
“Villagers have said it’s safer for them and it’s safer for us. One person has made a complaint and it’s caused this. We said we will take the hedge away. We put a fence 1.5 metres back from our boundary so there is ample room.
“I didn’t see that we were contravening any planning or anything like that. It’s cost us a lot of money to put this fence up. I don’t understand why we need to tear it down if we’re doing something to make everyone’s safety so much better.”
A representative for Malvern Hills District Council stated that they could not provide detailed comments as the matter is currently under an active planning enforcement investigation.
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