A wisteria-clad garden trellis could be for the chop after a retired lorry driver was ordered to take it down.

Derek Hatton, 69, of Abbeyfields, Faversham, has the 6ft trellis at the front of his home which shields the trailer and dinghy parked on his drive.

But Swale Borough Council has told him he needs planning permission for a trellis above one metre tall and must take the structure down.

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The grandfather-of-four, who lives with his wife Mary, is hoping it will not be too late to get planning permission.

He said: “Surely the council has got better things to do. It’s a nice style garden trellis with wisteria growing on it.

“The reason I have the trellis is so no-one can reach over it. I’ve had it for two and a half years and I wasn’t aware of the rules.”

Peter Hinkesman, enforcement team manager at Swale Borough Council said: “By law, fencing (including trellis) that is 'adjacent to the highway’ and more than a metre tall needs planning permission.

“Sometimes a retrospective planning application can be made and Mr Hatton was advised that this course of action was open to him in February and the forms needed to make an application were sent out to him.

“To date, no application has been received and the council had no alternative but to send a letter on 7 May 2008, asking for the trellis to be taken down”.