It sounds like bureaucracy gone barking mad. The deep-rooted tradition of building a lofty children’s den in the back garden could be in danger after a council told a family to stop work on a treehouse because it may require planning permission.

Simon Davis, a bank official from Blackrock, Co Dublin, received a letter from Dun Laoghaire-Rathdown council last month warning him that the wooden treehouse he was constructing at the rear of his home may be an unauthorised structure. Neighbours complained that the children’s hideout overlooked their home.

Davis was told to halt construction pending an investigation or face a €1,900 fine.

After an inspection of the wooden playhouse, which is built in an apple tree, the council requested An Bord Pleanala rule on its planning status.

“We were notified that a substantial structure was being built without planning consent and that it overlooked an adjoining property,” said Declan McCulloch, a senior executive planning officer with Dun Laoghaire-Rathdown. “The regulations are silent on the planning status of treehouses, and we’ve never dealt with a similar case before, so we have referred the matter to An Bord Pleanala to decide whether planning permission is required.”

If the planning-appeals board rules that the treehouse requires official consent, Davis will have to dismantle the structure or apply for retention permission. Otherwise he faces enforcement proceedings that could lead to a hefty fine.

The board’s ruling will set a precedent for similar structures around the country, effectively creating a nationwide planning policy on treehouses.

“I was shocked when I received the letter telling me about the alleged infringement,” Davis said. “It never occurred to me that it might need permission. Families have been building treehouses in their back gardens for generations. Surely anyone with a tree should be allowed to build a den for their children?”

Davis said that he will fight the council for the right of his three children, George, 7, Ben, 4, and Theo, 1, to enjoy the classic rite of passage of building their own hideout.

“The children helped design and build it, and now we want to be able to finish it off. I’ve bought eco-friendly tiles from a company in Athy for the roof and we want to put in a fireman’s pole and trap door,” he said.

The bank official, who lives on Sydney Avenue, was “flummoxed” when a planning inspector from the council called out to view and measure the structure. “I think they’re baffled about what to do, but because there has been a complaint, they have to investigate,” he said.

He insists that most of his neighbours have been supportive. “Some donated timber and others have admired it, saying they should have done it for their own children when they were young.”

Davis was told he could face a potential fine of ¤1,904 for non-compliance with a directive by the local council, or a fine for every day he has left the structure standing if he doesn’t get the council’s approval.

“If they rule against me, I’m not going to take it lying down,” he said. “I’ve taken advice from a solicitor and an architect, who both believe that the treehouse is consistent with planning regulations as it’s not a habitable structure.”

Davis’s treehouse was originally tall enough for an adult to stand up in, but since receiving the warning letter from the local council he has reduced its height. “You can build a shed in your garden up to four metres high, so I reduced the height by nine inches to bring it well under that height,” he said.

Davis intends to dismantle it when the children are older. “It was never supposed to be a permanent fixture, so I hope An Bord Pleanala sees sense,” he said. McCulloch also hopes that a “practical solution” can be found.

A spokesman for An Bord Pleanala said a decision will take up to four months. If the board rules that the structure requires permission, Davis will have to seek retention or remove the treehouse. Such a ruling will also mean that others seeking to build similar structures will also be required to submit plans for approval by their local council.

In recent months, planning authorities have been criticised for being too lenient. Dublin city council was accused of being “toothless” after only securing a ¤1,000 fine against a developer who demolished a historic convent in Terenure, Dublin, without permission.

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