THE father of a young cerebral palsy sufferer spent New Year's day trying to give his daughter new hope that her rooftop haven might be saved.

Chip shop owner Bob Landon was told to pull down the garden he created for three-year-old Millie after neighbours objected to Hyndburn Borough Council, saying it invaded their privacy.

But Bob his wife Linda feel they have now come up with a solution to the problem after raising the garden fence by 21 inches.

Mr Landon said: "The objections were on the grounds that if I leant over the fence I could see into people's gardens -- which is ridiculous anyway -- but as I am 5ft 8in and the fence is now 6ft that is impossible.

"I will put in another planning application for the new fence and if that fails I will appeal but if Millie loses this garden and gets run over because she has to play on the streets I will hold the people at the council responsible."

Millie has been enjoying the garden, on top of a garage at her parents' chip shop and home in Catlow Hall Street, Oswaldtwistle, since last summer.

It was designed to provide a safe area for the youngster, whose condition means she cannot prevent herself from falling, and keeps her away from the main road and heavy traffic.

But two months ago council chiefs told her parents they had to apply for planning permission for the metre-high fence surrounding the garden and were later told it breached rules after two neighbours filed complaints.

Objections included loss of privacy from the overlooking property but one of the objectors has since died and Mr Landon says the other does not stay at her house enough to be bothered by the garden.

He and his wife paid £1,500 to create the play area with a bench, chairs and a palm tree mural, but have been given six months to appeal and told it will have to go if they are unsuccessful.

Without a fence the garden would be unsafe and the whole structure would have to go.

Mr Landon has already submitted a petition to the council's development services committee with 700 signatures supporting the garden's existence including Hyndburn MP Greg Pope and he hopes for a response when the council offices open later this week.