Ananova:

A fireman is facing prosecution for flying a skull and crossbones outside his home for his daughter's pirate-themed birthday party.

David Waterman, 41, faces legal action for refusing to remove the Jolly Roger flag he hoisted to celebrate his daughter's eighth birthday.

The father of four left the 5ft by 3ft flag flying after the party but was ordered to take it down after a complaint from a neighbour, reports the Daily Telegraph.

Under current laws, any flag flying outside a residential property has to have planning permission unless it is a national flag.

Mr Waterman said he is determined to continue flying the Jolly Roger and is paying £95 to apply for advertising consent for the £5 flag at his home in Ashtead, Surrey.

Mr Waterman, who works at Battersea fire station in south London, describes his battle with the council on his internet blog and says he is in a position now where he "couldn't possibly take down the flag".

He said: "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."

A spokesman for Mole Valley District Council said: "We received a complaint about the flag flying outside Mr Waterman's house and are duty-bound to investigate."