Wooden fence 1.8m in height
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Character & Appearance
Green Belt Policy
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 17 July 2017
by Caroline Mulloy BSc (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State for Communities and Local Government
Decision date: 28 July 2017
Appeal Ref: APP/H0738/D/17/3173852
11 Wear Crescent, Eaglescliffe, Stockton-on-Tees, Cleveland TS16 0JP
The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
The appeal is made by Mr Colin Atkinson against the decision of Stockton-on-Tees
Borough Council.
The application Ref 16/2928/RET, dated 13 December 2016, was refused by notice
dated 30 March 2017.
The development is the erection of a wooden fence 1.8m in height.
Decision
1. The appeal is dismissed.
Procedural Matter
2. The fence was erected at the time of the application and my site visit. The
application is, therefore, retrospective and I shall determine the appeal on this
basis.
Main Issues
3. The main issue in this case is the effect of the development on the character
and appearance of the area.
Reasons
4. The appeal property is a two-storey, semi-detached property situated on a
corner plot in a predominately residential area. An approximately 1.8m high
fence previously existed to the side of the property. This has been replaced
with a newly erected, around 1.86m high fence which is situated approximately
1m closer to the highway at its forward most part than the previous fence.
5. The area is characterised by two-storey and single-storey semi-detached
properties set back from the road with modest open front gardens. The front
gardens and the space between the properties contribute to the open character
of the street.
6. The erected fence encloses a previously open area of land situated between the
previous fence and the road and thus erodes the open character of the area.
The fence immediately abuts the pavement and sits in front of the building line
established by the garages adjacent to number 13 Wear Crescent and the
subsequent row of houses. It is situated in a prominent corner location and is
visible when approaching from both directions along the street.
Appeal Decision APP/H0738/D/17/3173852
2
7. Due to the proximity to the pavement, protrusion in front of the established
building line, enclosure of open land and prominent location I consider that the
fence forms an incongruous addition which detracts from the open character of
the area.
8. The appellant considers that the current fence has been erected to a higher
standard than the previous fence. However, the previous fence was set further
back from the road and was, therefore, less prominent in the street scene. The
appellant has indicated a willingness to paint the fence; however, this would do
little to reduce its prominence. It is also suggested that a Yew hedge could be
planted; however, whilst this would soften the appearance of the fence to the
front, planting cannot take place on the side boundary, due to the proximity to
the pavement. Furthermore, the planting of the hedge would not reduce the
effect of the fence on the openness of the street scene.
9. Attention is drawn to other fences in the area, although the appellant does not
provide details. I noted a fence at 1 Rye Close, however, the Council clarify
that this does not benefit from planning permission which limits the weight
which I can attach to it in my Decision.
10. For the reasons stated, I conclude that the fence harms the character and
appearance of the area. It, therefore, conflicts with Policy CS3 of the Council’s
Core Strategy Development Plan Document 2010 which seeks to ensure that,
amongst other things, new development makes a positive contribution to the
area.
Conclusion
11. For the reasons stated and taking all other considerations into account the
appeal should be dismissed.
Caroline Mulloy
Inspector
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