Film director builds treehouse for her son... and neighbours invoke Human Rights Act to have it torn down

Treehouse row: The structure in the garden which neighbours objected to

A film director is locked in an extraordinary battle with neighbours over a treehouse in the back garden of her £5 million Notting Hill home — with one invoking the Human Rights Act in a bid to have it removed.

Jasmine Dellal, 48, the aunt of Agent Provocateur model Alice Dellal, says she did not realise she needed planning permission for the timber play area for her four-year-old son.

The 14ft structure — a ladder, slide and climbing wall built around the garden shed — has divided the community.

Ms Dellal’s supporters have accused critics of “dirty tricks” and questioned why Kensington and Chelsea’s planning officers have become involved in a spat over a treehouse in a borough plagued by developments and basement excavations.

In January Ms Dellal’s retrospective planning application was refused and she was served with an enforcement notice ordering her to scale it down or demolish it.

Jasmine Dellal built the treehouse for her four-year-old son

One of the neighbours campaigning against the treehouse is Heleen Lindsay-Fynn, whose husband Nigel is a retired banker.

In a letter of objection to the council, she said: “I would urge you to consider your responsibilities under the Human Rights Act which states that a person has the right to peaceful enjoyment of all their possessions which includes the home and other land.

“We believe that the proposed development would have a dominating impact on us and our right to the quiet enjoyment of our property. Article 8 of the Human Rights Act states that a person has the substantive right to respect for their private and family life.”

Her daughter, Miranda Lindsay-Fynn, the director of a venture capital firm, added: “It looks straight into my bedroom window on the first floor, which is an infringement on my privacy.”

Ms Dellal called on the expertise of a leading human rights lawyer to counter the allegations as other neighbours rallied to her support.

One, Professor Robin Choudhury, said: “All should be free, as far as possible, to enjoy their homes and gardens with mutual respect and neighbourly consideration.

The platform of the treehouse has now been lowered, and the roof removed to settle the dispute

"To invoke Article 8 of the Humans Rights Act 1998 objecting to a child’s play structure is wholly disproportionate.”

Another, Elizabeth Robson, added: “I do not think the council should be wasting time and public funds with objections to a child’s treehouse that none of us can see from the street and that will allow children to have fun outdoors.

"It makes me wonder why the planners are even involved with something of this scale, when they are permitting plans to literally surround me with massive projects.”

Jasmine's niece, model Alice Dellal
Dave Benett

Ms Dellal is recognised for her documentary work aiming to change perceptions of Roma Gypsies.

Her father was entrepreneur Jack Dellal, known as “Black Jack”, who built up a reported £4billion fortune in the property markets before his death in 2012.

She told the Standard that she has now lowered the platform and removed the roof.

She said: “It’s under two-and-a-half metres now so doesn’t have to go to planning. My view is people should just speak to each other. But my neighbours just went to the council instead.”

A Kensington and Chelsea council spokesman said: “A planning enforcement notice was served for the removal of a large play structure in the garden. The notice has been complied with to the satisfaction of the council.”

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