Trouble ahoy as fireman runs up Jolly Roger for daughter's party

David Waterman, 41, is being threatened with court proceedings after a neighbour complained about the skull and crossbones.

The father of four erected the 5ft by 3ft flag for his daughter's pirate-themed eighth birthday party and is determined to keep it. He says pursuing him to remove it is a "disgraceful" waste of taxpayers' money.

Mr Waterman is now paying £95 to apply for advertising consent for the flag in Purcells Close, Ashtead, but a senior officer from Mole Valley council has warned him it is unlikely to be granted.

In a letter dated 21 April, seven weeks after the flag was unfurled, the official said he had seven days to remove it.

Mr Waterman, who works at Battersea fire station, said: "I find it ridiculous that the council are fighting me over this.

"It's a £5 flag, not hurting anyone, and they're probably spending hundreds of pounds of our cash getting me to take it down. That could be spent on improving the local area - it's disgraceful."

He said other residents' complaints about the flag were the latest salvo in a dispute over his children playing outside.

Mr Waterman, a former trooper with the 2nd Royal Tank Regiment, said: "My kids are well-behaved but there's one set of neighbours who would rather they sat inside playing computer games than run around on the lawn.

"They don't like my kids being outside but they can't complain to anyone about it so they've picked on the flag. I can't believe the council is backing them.

"This is a point of principle and I'm standing firm." Another neighbour erected a pirate flag in support but took it down after receiving a warning letter from the council.

He replaced it with a Union flag as the law states anyone can fly a national flag or flags promoting a business at their home.

Mr Waterman said he considered registering a company called Jolly Roger at his house so he could keep the skull and crossbones but his landlord would not allow it.

A spokesman for Mole Valley council said it had not yet launched legal proceedings against Mr Waterman and would consider his application. He added: "We received a complaint about the flag flying outside Mr Waterman's house and are duty-bound to investigate complaints and enforce government regulations."