Homeowner refused planning permission for fence after refusing to install hedgehog holes

A homeowner has had planning permission for her new fence rejected after she refused to install hedgehog holes.

Susan Gibson from Mayfield, Midlothian, put up the new fence after her previous fence blew down in a storm but didn't realise she was required to gain planning permission.

When she then submitted her application she was asked if she planned to install hedgehog holes and when she refused she then saw her application fail.

Fence built after storm blew down her previous one

Ms Gibson installed a new 1.8m high fence after her previous one blew down in a storm this January.

The new fence sits to the side and rear of her house and gives her access to the garden from the rear.

Initially, she believed the work fell under permitted development rights and erected the new fence without planning permission. However, she was later informed that planning permission was required because the boundary of the fence had been changed.

Homeowner told hedgehog holes now 'standard practice' in fences

When Ms Gibson came to submit her planning application she was told it is "standard practice" to install hedgehog holes, which she refused to do.

A planning officer from Midlothian Council told her it was now "standard practice of the Planning Authority to require hedgehog holes to be placed in new fencing in the interest of biodiversity".

She responded: "I have had hedgehogs in the garden when the original fence was erect so they can get access. I have a small dog so will not be cutting a hole in the fence as she will definitely escape."

Are hedgehog holes required in new fences?

Although cutting hedgehog holes in fences is encouraged for hedgehogs to have easier access through gardens they are not legally required to be installed.

There is no mention of hedgehog holes, or hedgehogs in general, in either the National Planning Policy Framework, Scotland's National Policy Framework 4, building regulations or Biodiversity Net Gain documents.

However, Simon Rix, planning consultant at Planix.UK, explained: "Hedgehog holes are not automatically required for planning applications for new fences but in areas where hedgehogs are known to be present a council could insist on them if the decision maker deems them to be required in that area."

Simon Rix

Simon Rix is a professional planning consultant, who began his career working in local government in the 1990s. He was a council officer and later an elected councillor, so he knows how the planning system works from both sides. He went on to set up Planix.UK Planning Consultants Ltd; a consultancy company that advises self builders, home extenders and those taking on small to medium-sized building projects on planning permission.

Planning refused partly due to no hedgehog holes being installed

Despite this, Ms Gibson's refusal to cut hedgehog holes was used by the council as one of the reasons why retrospective planning permission was refused by the council.

The council said the fence is "contrary to policies 14 and 16 of NPF4 and DEV2 of the adopted Midlothian Local Development Plan 2017".

Policies 14 and 16 of NPF4 state structures should look at "integrating nature positive, biodiversity solutions" and promote "rural revitalisation" whilst DEV2 of the adopted Midlothian Local Development Plan says projects should be "protecting amenity within the built-up area" and it was alleged the new fence did not do this.

The council also said: "If approved the fence could set an undesirable precedent for similar fences in the area which would lead to the further degradation of the character and appearance of the area."

The option of an appeal is available to Ms Gibson.