For the removal of four brick gate piers and the installation of two 1.7m high entrance gates at the front of the property
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Character & Appearance
Highways & Transport
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 6 February 2018
by Mr C J Tivey BSc (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 19 February 2018
Appeal Ref: APP/K3605/D/17/3186552
15 Woodend Park, Cobham KT11 3BX
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 Pasq Mingoia against the decision of Elmbridge Borough
Council.
The application Ref 2017/1586, dated 17 May 2017, was refused by notice dated
4 August 2017.
The development proposed is for the removal of four brick gate piers and the
installation of two 1.7m high entrance gates at the front of the property.
Decision
1. I dismiss the appeal.
Procedural Matter
2. The description of proposed works includes the removal of four brick gate piers
which were in situ at the time of my site visit. I have assessed the proposal
based upon the plans that are before me, and consequently, have determined
the appeal on this basis.
Main Issue
3. The main issue is the effect of the proposal on the character and appearance of
the area.
Reasons
4. Woodend Park is characterised by predominantly large, detached houses
situated on generous plots with wide frontages. Some front gardens are quite
open whereas others are more vegetated, including some with high mature
boundary hedging. However, with the exception of the presence of a single
gate to the entrance of 31 Woodend Park, hard forms of boundary treatment
and gates are largely absent from the street scene, ultimately however each
case must be assessed on its own merits.
5. I acknowledge that one of the main reasons for proposing the gates is to
provide security to the property and its owners, which is supported within both
the National Planning Policy Framework (the ‘Framework’) and the
Development Plan, specifically Policy DM2 of the Elmbridge Local Plan
Development Management Plan April 2015 (DMP). However, DMP policy DM2
Appeal Decision APP/K3605/D/17/3186552
2
also requires proposals to preserve or enhance the character of the area and
for proposals to be based on an understanding of local character.
6. Due to the fact that security is cited as one of the main reasons behind the
proposal, I am not convinced that the gates would be left open (and therefore
largely retracted out of view) during the daytime as it would defeat the object
of their installation, therefore their presence would be apparent for most of the
time. The fact that the hedgerow in place at the front of the appeal site is well
established and results in approximately 80% of the frontage being enclosed is
also not justification in itself to fully enclose it.
7. The high brick piers that were previously proposed have been removed from
the appeal scheme that is before me and I accept that the proposed gates
would consist of narrow metal bars, but nonetheless their presence would not
go unnoticed. Whilst the visual impact of the proposal would be less than that
previously before my colleague, nonetheless the gates would still give rise to a
semi-permanent sense of enclosure, hard in appearance and texture, and
contrary to the prevailing verdant and generally open character of development
within the locality.
8. It may be that the inclusion of such gates to the property would enable it to
become a more safe and secure environment, but I have been provided with no
evidence to demonstrate that there is an issue with crime within the locality.
The Council raise no issues with regard to the impact of the proposal upon
neighbouring amenity, the impact upon trees or highway safety and I have
been given no substantive reason to come to a different conclusion on these
matters. However in the overall planning balance, these factors in favour of the
scheme do not outweigh the harm that the proposal would give rise to the
character and appearance of the area.
9. The proposal conflicts with paragraph b. of DMP Policy DM2, as well as Policy
CS17 of the Elmbridge Core Strategy 2011 which seek to ensure that all
development proposals must be based on an understanding of local character
of the area which should be preserved or enhanced and respond to the positive
features of individual locations. The proposal is also in conflict with one of the
Framework’s Core Planning Principles which is to always seek to secure high
quality design and a good standard of amenity for all existing and future
occupants of land and buildings.
Conclusion
10. Therefore for the reasons given above, and having regard to all other matters
raised by the appellant, I conclude that the proposal would have a harmful
effect upon the character and appearance of the area and that the appeal be
dismissed.
C J Tivey
INSPECTOR
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