A £500 GARDEN shed housing children's toys in an open-plan Paignton development has been refused back-dated planning permission by Bay councillors.

Grandmother Gill Smith, of Palace Gardens, Leighon Road, was seeking retrospective approval for the shed and fencing in her front garden.

Members of Torbay Council's development control committee refused to give permission in a 5-4 vote and now she faces the prospect of council action to force removal of the shed.

Mrs Smith said after the vote: "We are going to lodge an appeal. I don't know what is going on.

"I was surprised and shocked at the decision."

The shed is a standard garden structure used to store equipment belonging to her grandchildren when they come to visit.

She said she moved into the house a year ago and put up the shed and fence around nine months ago to protect her property not realising she would need planning permission.

Mrs Smith apologised to the planning committee for her oversight.

She said one of her grandchildren has special health needs and has a wheelchair: "It is to store that equipment, and that is why I have that shed."

She said the fence was to protect her car from being scratched by people walking past.

Objector John James said there was no consultation with neighbours over the installation or the shed or fence.

He said: "They are unsightly and out of keeping with the rest of the estate.

"The shed could just as easily be kept in the back garden of that property.

"We are concerned it is just a step in a much larger development and it could set a precedent."

Ward councillor Kevin Carroll, who is not a member of the committee but speaking in support of objectors, said the open plan of the estate was a credit to the street scene.

"Imagine my dismay when I saw this shed and fence. It looks cluttered and doesn't fit the road."

He said the shed is new but wondered what it will look like in ten years' time.

"Numerous sheds will look appalling. If we are not careful we will just downgrade the area and it will look dreadful."

The committee heard the fence would normally be allowed under permitted development but a shed would have required planning permission.

Cllr Roger Carter said: "This is a real storm in a teacup. Why has this come to us? Commonsense could have prevailed here."

Cllr Ruth Pentney said: "I can understand the objections but I don't think we stand an earthly chance of winning this if this goes to appeal."

Cllr Peter Addis said ignorance was no excuse for anyone to do what they liked.

Torbay Council said if an applicant is not happy with the decision they have the right to appeal, which is administered by the planning inspectorate on behalf of the Government and they have up to six months to start the process.

A council spokesman said: "Once an application for retrospective planning has been turned down, the council can begin the enforcement process straight away.

"If a breach of planning control seriously threatens health or safety or is visually intrusive to the street scene and/or is causing a detriment to an area's amenity, appropriate enforcement action can proceed immediately.

"A site visit will be made and the case officer will decide the best course of action to take depending on the impact of the structure on the surrounding environment."