by DAVID WILKES

Last updated at 19:35 05 June 2007

As his sixth birthday approached, Morgan Smith's parents thought hoisting the Jolly Roger would be the perfect way to make the pirate-mad youngster's day.

The flag was duly run up the pole in the back garden, leaving Morgan looking forward to a party on Saturday with lots of friends wearing eyepatches and wielding toy cutlasses.

But little did the family know that out on the treacherous high seas of bureaucracy, trouble was heading their way.

Council officials branded the skull and crossbones flag "unneighbourly" and banned Morgan's parents Richard and Sharon from flying it.

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The couple must apply for planning permission at a cost of £75, and then an assessment of the 5ft by 4ft flag's "impact" on the surrounding area of Stone, Staffordshire, will be undertaken.

The intervention has sunk the plans for a pirate-themed party.

Morgan's 40-year-old father, an engineer at Bentley Motors, said: "It's not as though

I'm building a huge extension which will blight the neighbourhood. It's a child's pirate flag.

"Morgan is really upset because I'd told him we could have a pirate party for his birthday with him and his friends all coming dressed as pirates.

"The skull and crossbones was to be the centrepiece. We'll wait to see if the Jolly Roger is approved and if so we'll hold the party at a later date."

For years, the patriotic family have flown a Union Jack or a St George's flag on the 18ft-high flagstaff at their detached home without a problem, but a neighbour complained to the council about the Jolly Roger.

Mr Smith said: "When the lady from the council came to see me she said that it was no problem flying any of the other flags, it was the Jolly Roger that was of concern.

"She said that we would have to take it down. I've put in a planning application but I shouldn't have to go to all this trouble."

Mrs Smith, 43, said: "It strikes me as very petty. Who would complain about it? Obviously someone with too much time on their hands."

Councillor Richard Stevens said the council had objected to the flag because "it was unneighbourly and could open the doors for all kinds of flags".

A Stafford Borough Council spokesman said: "A planning application has been made for a Jolly Roger flag to be flown at a property in Stone.

"The application is currently under review and will include planning officers looking at the impact the flag has on the area, with the decision expected by the end of this month.

"Legislation requires planning approval before it can be flown from the flagpole."

The Jolly Roger dates back to the 1700s when pirates would fly it to make their victims surrender readily.