A bizarre neighbour complaint over an elderly widow's garden planter has culminated in a court case, after the objector was fined for shouting a homophobic slur at her son. Robert Fair, 62, repeatedly complained after Jane Higgins, 75, installed a planter in the front garden of her semi-detached home in Aberlady, East Lothian.
Mrs Higgins, a retired widow, spends her days tending to the plants, flowers and ornaments within the planter. Her family was shocked when they were told they needed retrospective planning permission for the structure. Among the concerns raised by Fair, the sole objector, was that the planter overshadows their privacy 'as the neighbour spends hours attending to their plants.'
The row escalated when Fair shouted a homophobic slur at Mrs Higgins' son, Craig Newton-Higgins, 55, as he was leaving his mother's home in October last year. Fair called him 'a queer' and was subsequently arrested and charged. He appeared at Edinburgh Sheriff Court and pleaded guilty to behaving in a threatening or abusive manner and making an offensive remark. Fair, who has since moved away, was fined a total of £210.
Craig said he was delighted that Fair had moved away after the bitter planning row. 'I'm very relieved this is all over, and my mum can get back to being her old self. Since he has gone, she is very happy, and I've noticed a huge change in her for the better,' he said. 'The abuse he gave me was pretty shocking, to be honest. I was just leaving my mum's home when he shouted 'queer' at me. He is just a nasty person.'
Fair had claimed the planter, built with timber planks at 7m in length, 0.9m wide and 0.8m high, 'caused disruption to street parking' and described it as a 'hideous eyesore.' He also argued it had become a 'haven for cats who use it as a litter tray' and that cats would 'fight at night, causing excessive noise.'
Mrs Higgins' family initially thought the need for planning consent was a joke. They say she is in her garden every day and described the planter as 'beautiful and very well tended.' In its decision, a planning officer for East Lothian District Council wrote: 'The raised planter is visible from the public road to the northwest, it is however only some 0.8m in height and is similar in its height and overall appearance to boundary enclosures which are present within the surrounding area. The raised planter, whilst visible, is not therefore inappropriate to its garden setting and is not harmful to the character and appearance of the house or harmful to the character and appearance of the Aberlady Conservation Area.'
Craig said his mother is a retired widow who loves spending time in her front and back garden. She has lived in the home for 20 years, is very community spirited and 'just decided to get a planter.' He added: 'My mum gets along well with all the other neighbours. Everyone we spoke to finds it amusing, and just in utter disbelief.' As part of the same application, permission was also granted for CCTV cameras at Jane's home, which Fair had also complained about.
