Front boundary wall/rail and gate
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Highways & Transport
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 10 November 2020
by Mr W Johnson BA(Hons) DipTP DipUDR MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 November 2020
Appeal Ref: APP/Q5300/D/20/3251566
7 Cranleigh Gardens, Southgate, London N21 1DR
• 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 Ms J Philippou against the decision of the Council of the London
Borough of Enfield.
• The application Ref 20/00256/HOU, dated 22 January 2020, was refused by notice
dated 20 March 2020.
• The development proposed is described as: ‘front boundary wall/rail and gate’.
Decision
1. The appeal is dismissed.
Procedural Matter
2. For clarity and precision, I have inserted ‘London’ into the address in the
banner heading above, as it is listed on the appeal form.
Main Issues
3. The main issues of this appeal are the effect of the proposed development on:
i. the character and appearance of the appeal site and surrounding area;
and,
ii. highway safety, with regard to the free flow and safety of vehicular
traffic, particularly from the proposed gate.
Reasons
Character and appearance
4. The host property is a semi-detached dwelling occupying a corner plot location.
The site is located in a prominent position in the street scene as it forms part of
7no. semi-detached dwellings1 around a staggered junction at Cranleigh
Gardens and Onslow Gardens. The siting and boundary treatments of the
dwellings on these plots is a prominent and distinctive feature throughout this
section of the street, which I find positively contributes to the character of the
area.
5. The proposal seeks to erect a brick wall with metal railings above, reaching an
overall height of approximately 1.5m. On this section of the road the front
boundary treatments generally comprise small or low brick walls. In the
context of this immediate setting, the height, length and prominence of the
1 No’s 4, 5 and 7 Cranleigh Gardens and No’s 4, 7, 8, 10 Onslow Gardens
Appeal Decision APP/Q5300/D/20/3251566
2
proposed development would form a large, obtrusive and incongruous feature
in the street scene which would be at odds with the prevailing character.
6. The appellant has made reference to a variety of boundary treatments in the
locality. Whilst noting the presence of these boundary treatments, relatively
little detail has been provided regarding the planning backgrounds to these
schemes. Without such information a full and detailed comparison between
these developments and the case before me cannot be easily drawn, except
insofar as I was able to observe and assess the sites at my visit. In any event,
the fact that other development may exist, is not a reason, on its own, to allow
otherwise unacceptable development. Consequently, I find that this
development has little implication for the specific impact of the appeal scheme.
7. For all of these reasons, the proposed development would have a significant
harmful effect upon the character and appearance of the appeal site and the
surrounding area, and therefore conflicts with Policies 7.4 and 7.6 of the
London Plan 2016 (LonP); Policy CP 30 of the Council’s Core Strategy 2010
(CS); Policies DMD 8 and DMD 37 of the Council’s Development Management
Document 2014 (DMD).
Highway safety
8. The Council’s concerns relate primarily to the proposed gate and the distance
that would be available for motorists to park whilst waiting for the gate to
open. The appellant has alluded to the gates being automatic, but I have little
details before me. In any event, even if the gates were or were not motorised,
I find it would have little consequence on the ability of motorists to be able to
park off the carriage way, whilst waiting for/or opening the gates.
9. I accept that the traffic flow on this residential estate is not likely to be
excessive and that there is good visibility around the staggered junction.
Additionally, I note the assertion from the appellant that if the motorist was
nervous about accessing the site, they could park the vehicle whilst opening
the gate and then completing the manoeuvre. In this instance, I consider that
it is highly likely that motorists would park the vehicle in front of the gate
before or whilst the gate is opening. Given the existing dimensions from the
highway to the site, this would result in part of the vehicle overhanging the
carriage way.
10. For the reasons given above, I conclude that the proposed development would
significantly harm highway safety, with regard to the free flow and safety of
vehicular traffic. This would be contrary to the highway safety aims of
LonP Policy 6.13, CS Policy CP 24, DMD Policies DMD 46 and DMD 47.
Other Matter
11. I have also noted the appellant’s suggestion regarding the possibility of
erecting a 1m high boundary treatment and gate through permitted
development should the appeal fail. However, as the merits of such a proposal
is not before this appeal, I am not convinced that there is a greater than a
theoretical possibility that the development might take place. Consequently,
my conclusions on the main issues remain unaltered. I have considered this
appeal proposal on its own particular merits and concluded that it would cause
harm for the reasons set out above.
Appeal Decision APP/Q5300/D/20/3251566
3
Conclusion
12. Taking all matters into consideration, I conclude that the appeal should be
dismissed.
W Johnson
INSPECTOR
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