NEIGHBOURS who built a three-metre-high trellis next to an exclusive North Oxford nursery to protect their privacy could be forced to rip it down.

Fiona Leahy and Nir Vulkan erected the trellis to protect their privacy and the privacy of children and staff at Bainton Road Nursery.

They said that their bedroom could be seen by those entering and leaving the nursery and that they could see in when the fire door was open.

But Oxford City Council has refused a retrospective planning application forcing the pair to appeal to the Secretary of State - if that’s unsuccessful they could be forced to tear it down.

The pair said: “From our large double door glazed bedroom unit we now have an unobstructed view of all the people who enter and exit the nursery from the Bainton Road main access.

“Similarly people who enter and exit the nursery have a clear, direct view into our bedroom.”

They added: “We can look directly into the nursery when the fire exit door is left open, which it is during warm weather.

“The trellis has enormously improved the privacy of both our home and the adjacent nursery.”

The £1.7m nursery was opened by St John’s College last year and is exclusive for children of staff who work at the college or Oxford University.

Ms Leahy and Mr Vulkan said that college representatives had visited their home and conceded it would be impacted by the nursery before construction.

But they said the college told them it was ‘not in a position to assist’ them despite sharing a boundary.

They added that the trellis also blocked out the ‘long stretch of dark monotonous, featureless walls’ of the nursery, which were overbearing and domineering.

But Oxford City Council planning officers said the ‘excessive height’ of the trellis was visible from the road and had an ‘overbearing’ presence.

One of the officers, James Paterson, said: “The proposed trellis will not impact the privacy of the Bainton Road Nursery and is also unlikely to affect the daylight the nursery receives.

“However, the excessive height, three metres, of the trellis directly behind the boundary fence will create an overbearing presence on the nursery and thereby cause an unacceptable impact on the amenity of the nursery.”

Bainton Road Nursery was described as the ‘James Bond of nurseries’ when it was unveiled in March last year complete with technology including fingerprint entry systems and a roof that changes colour with the seasons.

It is packed with features and there is even a secret garden with a mini amphitheatre outside and a cinema room inside.

But residents were concerned during the planning process that the entrance to the nursery was on a blind bend.